Craigslist ads offer free rent for sex in Canadian cities and they appear to be legal

[Brody Boivin 8445]

I can't even offer therapeutic services without my ad being banned from that site.

 

I find it strange that people are getting away with soliciting for rent. That's so sad...

[Meaghan McLeod 179664]

Its not accurate - maybe he retired before the law changed???

[drlove 37202]

Its not accurate - maybe he retired before the law changed???

 

 

That was my first thought, but I checked the article and it's dated April 29th, 2016. I think you're likely correct about what happened. However, it irks me when the media release articles like this and don't bother to check their facts first... it's very misleading.

[cyclo 30131]

I believe that under C-36, the internet is considered a place, is it not?

 

Not exactly. The definitions of "public place" and "place" haven't changed. Changing them to include publications and the internet etc would have affected too many other areas of the law. To address this they made "advertising" "an offer to provide sexual services" illegal.

 

In the article, the police comments are more accurate. The retired professor is correct about his comments with respect to "public place" but he's overlooked (or the journalist didn't understand him) the new advertising provisions.

 

Here are the relevant provisions:

 

Section 197.1

place includes any place, whether or not

 

(a) it is covered or enclosed,

 

(b) it is used permanently or temporarily, or

 

© any person has an exclusive right of user with respect to it;

 

public place includes any place to which the public have access as of right or by invitation, express or implied.

 

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

No person shall be prosecuted for

(b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

[Meaghan McLeod 179664]

As a provider, we are allowed to advertise our services. There are some exceptions (i.e. near a school, church, children present etc). However, a third party may not advertise my services. So, places like Lyla (they are considered a third party) cannot accept our advertisement if we are specifying specific services.

 

Before c-36, we could not advertise our services in a public place. However, we could advertise specific services online, as the internet was not considered a public place. With the changes, they made third party advertising (Lyla, backpage etc), illegal. So the change is not "space", but third party advertising.

 

If I could create my own personal Lyla/backpage that only advertised myself, I would be allowed to do this. I could be as specific as I like. However, I would not be allowed to include anyone else on my site - just me.

 

Hope this helps!

 

What is interesting in the craigslist ads - the advertiser is soliciting services (if specified), which is clearly against the law. However, as they are not actually being specific, just alluding to what they want, it is not being challenged at this moment. However, I would not put it past a law enforcement to go and see what the advertiser wants in order for the person responding to the ad to get the free rent. Send in an undercover officer, and get it on record. So, it should be interesting to see how this works out.

[cyclo 30131]

Isn't it the rason why we are not allowed sollicitation on LYLA? Because the Internet is public?

 

Additional Comments:

 

 

Could anyone translate this, provide a link, or explain to me thru PM what it means, please?

 

 

 

This is exactly the reason why I don't post ads much often. I never know what it implies. Lucky me, my reputation speaks for itself. Otherwise, I would be seriously f****d, and I'm sure I'm not the only ''Frenchie'' in that situation...

 

Hi Grass Hopper. No, the internet is not a "public place". It's certainly "public", but it's not a "place". You can't walk into the internet. "Places" have to have a physical location. Streets, parking lots, bars, hotel lobbies and parks etc. are all examples of "public places". "Places" where the "public" has access. They're have been several court cases that have helped to make this definition clear.

 

Meaghan is right. A provider can't be prosecuted for advertising their own services. The Criminal Code says "No person shall be prosecuted for... the advertisement of their own sexual services."

 

However online services such as Lyla and Backpages can be prosecuted if they publish your advertisements for sexual services. That's why advertisements on these sites can't explicitly mention sexual services.

[Grass_Hopper 18263]

Never been more clear, thanks!

[Phaedrus 209521]

However online services such as Lyla and Backpages can be prosecuted if they publish your advertisements for sexual services. That's why advertisements on these sites can't explicitly mention sexual services.

 

My understanding is that this is pretty ambiguous in the law as written. Unfortunately, getting clarity on it would require someone to go through a long and very expensive legal process. Different websites and publications have taken different views on this, depending on the level of risk they've been willing to take on.