Actually no. It says that the boyfriend automatically has a presumption of financial gain, unless proven otherwise.
However, material benefit is not criminal if ''in the context of a legitimate living arrangement with the person...''.
This exeption does not apply if the boyfriend ''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''.
I noticed that this last bit does not state that the violence has to be related to the sex work activity.
Bottom line: if the SO of a sex worker beats her he is automatically a pimp, even if he is not aware of her business. However if he knowingly profits from her work without any abuse he is not breaking the law.
I stand by my point. First, the term 'Pimp' is not defined, nor included in the legislation. However, the following is a definition of pimping, as we know it:
"279.02 (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 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years."
So Pimping is illegal, unless proved otherwise. You are correct that the boyfriend automatically has a presumption of financial gain (pimping),
unless proven otherwise. That is my point.
The pimping is characterized by taking a cut of the proceeds. That includes 'boyfriends' who handle the money.
A bodyguard would not be pimping if he gets a reasonable fixed rate for his services. Getting a cut is pimping. But the onus is on him to prove it that he's innocent, and not for the prosecution to prove that he's guilty. That's going to be a charter challenge, since it flies in the face of our notion of ustice, that of being innocent until proven guilty.
"(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;"
(The landlord)
(b) as a result of a legal or moral obligation of the person from whose sexual services the benefit is derived;
(Alimony, child support)
(c) in consideration for a service or good that they offer, on the same terms and conditions, to the general public; or
(The plumber)
(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.
(bodyguard, driver, receptionist etc etc. )
Bottom line: Pimping is illegal. That is, if he knowingly profits from her work and is not expempt under a) a landlord, b) a dependent person c) a worker compensated for legitimate work d) a bodyguard, receptionist, driver for a reasonable price.