You don't get off drug charges by advertising journeys to the inner mind or therapeutic experiences.
Bill C-36 tabled (New Prostitution Law)
- Thread starter DigitallyYours
- Start date
Totally screwed. It would be a criminal offense to advertise and to receive a "material benefit" from the purchasing of sexual services.
Ah you can't advertise working with another person...which I guess is a ban against agencies and doing duos.
I hope (and don't think) it will personally affect me THAT much as I never advertise doing bbbj,cim, all the acronymns...I guess it will be like the States now...
Exchange of money for time and companiship.
I guess I won't advertise myself as an escort anymore but a touchy-feely-kissing-sexual-therapist-with-physical-satisfaction
I hope (and don't think) it will personally affect me THAT much as I never advertise doing bbbj,cim, all the acronymns...I guess it will be like the States now...
Exchange of money for time and companiship.
I guess I won't advertise myself as an escort anymore but a touchy-feely-kissing-sexual-therapist-with-physical-satisfaction
I always thought you were only a touchy-feely-kissing-sexual-therapist-with-physical-satisfaction type of girl.
Isn't that akin to suggesting it should be legal to speed because the law doesn't forbid you from buying a car that can go that fast?
This is how I believe § 213 will be amended should Bill C-36 be enacted into law.
OFFENCES IN RELATION TO OFFERING, PROVIDING
OR OBTAINING SEXUAL SERVICES
213. (1) Everyone is guilty of an offence
punishable on summary conviction who, in a
public place or in any place open to public
view, for the purpose of offering, providing or
obtaining sexual services for consideration,
(a) stops or attempts to stop any motor vehicle, or
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place
(1.1) Everyone is guilty of an offence punishable
on summary conviction who communicates
with any person — for the purpose of offering
or providing sexual services for
consideration — in a public place, or in any
place open to public view, that is or is next to a
place where persons under the age of 18 can
reasonably be expected to be present
(2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
So far so good, but then comes the kicker a new section is added to the Criminal Code
OFFENCES IN RELATION TO OFFERING, PROVIDING
OR OBTAINING SEXUAL SERVICES
213. (1) Everyone is guilty of an offence
punishable on summary conviction who, in a
public place or in any place open to public
view, for the purpose of offering, providing or
obtaining sexual services for consideration,
(a) stops or attempts to stop any motor vehicle, or
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place
(1.1) Everyone is guilty of an offence punishable
on summary conviction who communicates
with any person — for the purpose of offering
or providing sexual services for
consideration — in a public place, or in any
place open to public view, that is or is next to a
place where persons under the age of 18 can
reasonably be expected to be present
(2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
So far so good, but then comes the kicker a new section is added to the Criminal Code
Then they should have added that wording to the law. The law is blind to the "intentions" of legislation. The text is all we have.
Had they added "in circumstances involving exploitation" to the law as a whole, I don't think anyone would have any problems with any of it.
But here is the kicker an entirely new section is added to the Criminal Code:
COMMODIFICATION OF SEXUAL ACTIVITY
286.1 (1) Everyone who, in any place,
obtains for consideration, or communicates with
anyone for the purpose of obtaining for consideration,
the sexual services of a person is guilty
of
(a) an indictable offence and liable to imprisonment
for a term of not more than five
years and a minimum punishment of,
(i) in the case where the offence is committed
in a public place, or in any place
open to public view, that is or is next to a
park or the grounds of a school or religious
institution or that is or is next to any
other place where persons under the age of
18 can reasonably be expected to be
present,
(A) for a first offence, a fine of $2,000,
and
(B) for each subsequent offence, a fine
of $4,000, or
(ii) in any other case,
(A) for a first offence, a fine of $1,000,
and
(B) for each subsequent offence, a fine
of $2,000; or
(b) an offence punishable on summary conviction
and liable to imprisonment for a term
of not more than 18 months and a minimum
punishment of,
(i) in the case referred to in subparagraph
(a)(i),
(A) for a first offence, a fine of $1,000,
and
(B) for each subsequent offence, a fine
of $2,000, or
(ii) in any other case,
(A) for a first offence, a fine of $500,
and
(B) for each subsequent offence, a fine
of $1,000.
(2) Everyone who, in any place, obtains for
consideration, or communicates with anyone
for the purpose of obtaining for consideration,
the sexual services of a person under the age of
18 years is guilty of an indictable offence and
liable to imprisonment for a term of not more
than 10 years and to a minimum punishment of
imprisonment for a term of
(a) for a first offence, six months; and
(b) for each subsequent offence, one year.
(3) In determining, for the purpose of subsection
(2), whether a convicted person has
committed a subsequent offence, if the person
was earlier convicted of any of the following
offences, that offence is to be considered as an
earlier offence:
(a) an offence under that subsection; or
(b) an offence under subsection 212(4) of
this Act, as it read from time to time before
the day on which this subsection comes into
force.
(4) In determining, for the purposes of this
section, whether a convicted person has committed
a subsequent offence, the only question
to be considered is the sequence of convictions
and no consideration shall be given to the sequence
of commission of offences, whether any
offence occurred before or after any conviction
or whether offences were prosecuted by indictment
or by way of summary conviction proceedings.
(5) For the purposes of this section, “place”
and “public place” have the same meaning as in
subsection 197(1).
286.2 (1) Everyone who receives a financial
or other material benefit, knowing that it is obtained
by or derived directly or indirectly from
the commission of an offence under subsection
286.1(1), is guilty of an indictable offence and
liable to imprisonment for a term of not more
than 10 years.
(2) Everyone who receives a financial or
other material benefit, knowing that it is obtained
by or derived directly or indirectly from
the commission of an offence under subsection
286.1(2), is guilty of an indictable offence and
liable to imprisonment for a term of not more
than 14 years and to a minimum punishment of
imprisonment for a term of two years.
Presumption (3) For the purposes of subsections (1) and
(2), evidence that a person lives with or is habitually
in the company of a person who offers
or provides sexual services for consideration is,
in the absence of evidence to the contrary,
proof that the person received a financial or
other material benefit from those services.
Exception (4) Subject to subsection (5), subsections (1)
and (2) do not apply to a person who receives
the benefit
(a) in the context of a legitimate living arrangement
with the person from whose sexual
services the benefit is derived;
(b) as a result of a legal or moral obligation
of the person from whose sexual services the
benefit is derived;
(c) in consideration for a service or good
that they offer, on the same terms and conditions,
to the general public; or
(d) in consideration for a service or good
that they do not offer to the general public
but that they offered or provided to the person
from whose sexual services the benefit is
derived, if they did not counsel or encourage
that person to provide sexual services and the
benefit is proportionate to the value of the
service or good.
Exception
No exception (5) Subsection (4) does not apply to a person
who commits an offence under subsection (1)
or (2) if that person
(a) used, threatened to use or attempted to
use violence, intimidation or coercion in relation
to the person from whose sexual services
the benefit is derived;
(b) abused a position of trust, power or authority
in relation to the person from whose
sexual services the benefit is derived;
(c) provided a drug, alcohol or any other intoxicating
substance to the person from
whose sexual services the benefit is derived
for the purpose of aiding or abetting that person
to offer or provide sexual services for
consideration;
(d) engaged in conduct, in relation to any
person, that would constitute an offence under
section 286.3; or
(e) received the benefit in the context of a
commercial enterprise that offers sexual services
for consideration.
(6) If a person is convicted of an offence under
this section, the court that imposes the sentence
shall consider as an aggravating factor the
fact that that person received the benefit in the
context of a commercial enterprise that offers
sexual services for consideration.
286.3 (1) Everyone who procures a person
to offer or provide sexual services for consideration
or, for the purpose of facilitating an offence
under subsection 286.1(1), recruits,
holds, conceals or harbours a person who offers
or provides sexual services for consideration, or
exercises control, direction or influence over
the movements of that person, is guilty of an
indictable offence and liable to imprisonment
for a term of not more than 14 years.
(2) Everyone who procures a person under
the age of 18 years to offer or provide sexual
services for consideration or, for the purpose of
facilitating an offence under subsection
286.1(2), recruits, holds, conceals or harbours a
person under the age of 18 who offers or provides
sexual services for consideration, or exercises
control, direction or influence over the
movements of that person, is guilty of an indictable
offence and liable to imprisonment for
a term of not more than 14 years and to a mini-
mum punishment of imprisonment for a term of
five years.
286.4 Everyone who knowingly advertises
an offer to provide sexual services for consideration
is guilty of
(a) an indictable offence and liable to imprisonment
for a term of not more than five
years; or
(b) an offence punishable on summary conviction
and liable to imprisonment for a term
of not more than 18 months.
286.5 (1) No person shall be prosecuted for
(a) an offence under section 286.2 if the
benefit is derived from the provision of their
own sexual services; or
(b) an offence under section 286.4 in relation
to the advertisement of their own sexual
services.
(2) No person shall be prosecuted for aiding,
abetting, conspiring or attempting to commit an
offence under any of sections 286.1 to 286.4 or
being an accessory after the fact or counselling
a person to be a party to such an offence, if the
offence relates to the offering or provision of
their own sexual services.
COMMODIFICATION OF SEXUAL ACTIVITY
286.1 (1) Everyone who, in any place,
obtains for consideration, or communicates with
anyone for the purpose of obtaining for consideration,
the sexual services of a person is guilty
of
(a) an indictable offence and liable to imprisonment
for a term of not more than five
years and a minimum punishment of,
(i) in the case where the offence is committed
in a public place, or in any place
open to public view, that is or is next to a
park or the grounds of a school or religious
institution or that is or is next to any
other place where persons under the age of
18 can reasonably be expected to be
present,
(A) for a first offence, a fine of $2,000,
and
(B) for each subsequent offence, a fine
of $4,000, or
(ii) in any other case,
(A) for a first offence, a fine of $1,000,
and
(B) for each subsequent offence, a fine
of $2,000; or
(b) an offence punishable on summary conviction
and liable to imprisonment for a term
of not more than 18 months and a minimum
punishment of,
(i) in the case referred to in subparagraph
(a)(i),
(A) for a first offence, a fine of $1,000,
and
(B) for each subsequent offence, a fine
of $2,000, or
(ii) in any other case,
(A) for a first offence, a fine of $500,
and
(B) for each subsequent offence, a fine
of $1,000.
(2) Everyone who, in any place, obtains for
consideration, or communicates with anyone
for the purpose of obtaining for consideration,
the sexual services of a person under the age of
18 years is guilty of an indictable offence and
liable to imprisonment for a term of not more
than 10 years and to a minimum punishment of
imprisonment for a term of
(a) for a first offence, six months; and
(b) for each subsequent offence, one year.
(3) In determining, for the purpose of subsection
(2), whether a convicted person has
committed a subsequent offence, if the person
was earlier convicted of any of the following
offences, that offence is to be considered as an
earlier offence:
(a) an offence under that subsection; or
(b) an offence under subsection 212(4) of
this Act, as it read from time to time before
the day on which this subsection comes into
force.
(4) In determining, for the purposes of this
section, whether a convicted person has committed
a subsequent offence, the only question
to be considered is the sequence of convictions
and no consideration shall be given to the sequence
of commission of offences, whether any
offence occurred before or after any conviction
or whether offences were prosecuted by indictment
or by way of summary conviction proceedings.
(5) For the purposes of this section, “place”
and “public place” have the same meaning as in
subsection 197(1).
286.2 (1) Everyone who receives a financial
or other material benefit, knowing that it is obtained
by or derived directly or indirectly from
the commission of an offence under subsection
286.1(1), is guilty of an indictable offence and
liable to imprisonment for a term of not more
than 10 years.
(2) Everyone who receives a financial or
other material benefit, knowing that it is obtained
by or derived directly or indirectly from
the commission of an offence under subsection
286.1(2), is guilty of an indictable offence and
liable to imprisonment for a term of not more
than 14 years and to a minimum punishment of
imprisonment for a term of two years.
Presumption (3) For the purposes of subsections (1) and
(2), evidence that a person lives with or is habitually
in the company of a person who offers
or provides sexual services for consideration is,
in the absence of evidence to the contrary,
proof that the person received a financial or
other material benefit from those services.
Exception (4) Subject to subsection (5), subsections (1)
and (2) do not apply to a person who receives
the benefit
(a) in the context of a legitimate living arrangement
with the person from whose sexual
services the benefit is derived;
(b) as a result of a legal or moral obligation
of the person from whose sexual services the
benefit is derived;
(c) in consideration for a service or good
that they offer, on the same terms and conditions,
to the general public; or
(d) in consideration for a service or good
that they do not offer to the general public
but that they offered or provided to the person
from whose sexual services the benefit is
derived, if they did not counsel or encourage
that person to provide sexual services and the
benefit is proportionate to the value of the
service or good.
Exception
No exception (5) Subsection (4) does not apply to a person
who commits an offence under subsection (1)
or (2) if that person
(a) used, threatened to use or attempted to
use violence, intimidation or coercion in relation
to the person from whose sexual services
the benefit is derived;
(b) abused a position of trust, power or authority
in relation to the person from whose
sexual services the benefit is derived;
(c) provided a drug, alcohol or any other intoxicating
substance to the person from
whose sexual services the benefit is derived
for the purpose of aiding or abetting that person
to offer or provide sexual services for
consideration;
(d) engaged in conduct, in relation to any
person, that would constitute an offence under
section 286.3; or
(e) received the benefit in the context of a
commercial enterprise that offers sexual services
for consideration.
(6) If a person is convicted of an offence under
this section, the court that imposes the sentence
shall consider as an aggravating factor the
fact that that person received the benefit in the
context of a commercial enterprise that offers
sexual services for consideration.
286.3 (1) Everyone who procures a person
to offer or provide sexual services for consideration
or, for the purpose of facilitating an offence
under subsection 286.1(1), recruits,
holds, conceals or harbours a person who offers
or provides sexual services for consideration, or
exercises control, direction or influence over
the movements of that person, is guilty of an
indictable offence and liable to imprisonment
for a term of not more than 14 years.
(2) Everyone who procures a person under
the age of 18 years to offer or provide sexual
services for consideration or, for the purpose of
facilitating an offence under subsection
286.1(2), recruits, holds, conceals or harbours a
person under the age of 18 who offers or provides
sexual services for consideration, or exercises
control, direction or influence over the
movements of that person, is guilty of an indictable
offence and liable to imprisonment for
a term of not more than 14 years and to a mini-
mum punishment of imprisonment for a term of
five years.
286.4 Everyone who knowingly advertises
an offer to provide sexual services for consideration
is guilty of
(a) an indictable offence and liable to imprisonment
for a term of not more than five
years; or
(b) an offence punishable on summary conviction
and liable to imprisonment for a term
of not more than 18 months.
286.5 (1) No person shall be prosecuted for
(a) an offence under section 286.2 if the
benefit is derived from the provision of their
own sexual services; or
(b) an offence under section 286.4 in relation
to the advertisement of their own sexual
services.
(2) No person shall be prosecuted for aiding,
abetting, conspiring or attempting to commit an
offence under any of sections 286.1 to 286.4 or
being an accessory after the fact or counselling
a person to be a party to such an offence, if the
offence relates to the offering or provision of
their own sexual services.
I suppose you can sort of get around it by not discussing the 'consideration'. In which case, you are basically having sex with someone and you decide to give them a going away present for the fun you had.
Kind of like the way rock stars and NBA players do it.
Kind of like the way rock stars and NBA players do it.
Which applies to anything, given the attitude of "the exploitation that is inherent in prostitution" present in the bill.
Law not passed yet, just tabled. But no reason to expect a majority government couldn't pass it.
Sure it may be challenged in court, but this would take years.
Bedford et al should have challenged existing laws on different grounds, or left well enough alone. The proposed law will achieve none of their goals (prostistution will still be marginalized, underground and therefore dangerous) and sex workers' business is going to take a real hit.
I fear the golden days are about to be over for a while.
Sure it may be challenged in court, but this would take years.
Bedford et al should have challenged existing laws on different grounds, or left well enough alone. The proposed law will achieve none of their goals (prostistution will still be marginalized, underground and therefore dangerous) and sex workers' business is going to take a real hit.
I fear the golden days are about to be over for a while.
Unless there is a back bench revolt it is as good as passed into law.
That is the Glory of the Westminster system in the Twenty-first Century. The Bill is a Government Bill hence it will be whipped, all members of the Parliamentary party will therefore be expected to vote for it. The Senate can delay it, but not defeat it. The Sovereign hasn't exercised a veto since the reign of Queen Anne.
Effectively there are no check and balances in the modern Westminster system.
Logic would say old law still applies till new law is passed by the commons, then the senate and is subsequently given royal assent. Who knows if this will pass the first stage before summer recess.
