so, im having an argument with somebody...

[Terminator2000]

and what's the verdict?

is prostitution currently legal or illegal in Canada?

I don't even know anymore.

 

[fmahovalich]

Prostitution is legal!! You can take money for sex!!

What is illegal...is 'Soliciting in a Public Place'........

And being in or found in a bawdy house is illegal as well!

 

[mickmasterson]

Prostitution is legal!! You can take money for sex!!

What is illegal...is 'Soliciting in a Public Place'........

And being in or found in a bawdy house is illegal as well!

That's how I understand it as well.

Outcalls, wisely operated, are legal.

Incalls are 'bawdy houses', and are therefore illegal. Though in practice, provided the place keeps a low profile (i.e., it doesn't prompt neighbours to complain) and doesn't do anything else illegal (drugs, human trafficking, slavery, underage girls, etc.), the police are not likely to care.

So far, the ongoing court challenge hasn't changed the situation. The law stands as-is, pending the Crown's appeal. We have no idea how or when this will be finally resolved.

 

[Aardvark154]

Living off the avails is also illegal. However, an SP is not so doing.

 

[qwertyuio]

Wasn't there a charter challenge to the "living off of avails" and "bawdy house" laws a few months back? What ever happened with that?

 

[mickmasterson]

Wasn't there a charter challenge to the "living off of avails" and "bawdy house" laws a few months back? What ever happened with that?

As I said above . . .

So far, the ongoing court challenge hasn't changed the situation. The law stands as-is, pending the Crown's appeal. We have no idea how or when this will be finally resolved.

 

[freestuff]

There are more elements that are illegal than there are legal. So, who knows? Just don't attract attention and you're going to be ok.
But when "civilians" think about prostitution, they usually think about street meat and that's illegal.

 

[TeasePlease]

What elements are legal and where is this stated?

Street meat isn't illegal. soliciting, impeding traffic, etc. is illegal.

 

[mickmasterson]

There isn't a clear statement of what acts and actions are legal.

The law tends to deal with the inverse - defining what is illegal.

We're mostly concerned with the Criminal Code, Part VII, sections:

197 - Definitions
210 - Keeping a common bawdy-house [re incalls]
212 - Procuring [re pimps]
213 - Offence in relation to prostitution [re soliciting]

and, more importantly, their application in the case law. Together, they set out what is illegal.

Practically speaking, there's also the issue of how the police in each area choose to enforce the law.

 

[avxl1003]

Prostitution itself is legal in Canada 100%. There are many illegal activities that surround prostitution, but prostitution itself is legal.

 

[TeasePlease]

There isn't a clear statement of what acts and actions are legal.

The law tends to deal with the inverse - defining what is illegal.

That's my point. Subtle, but important, difference between decriminalized (not illegal) vs. legal.