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Current Prostitution Laws in Plain English

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    As the existing thread on the topic   Escort Laws in Plain English - Lyla  is ridiculously outdated since Bill C-36 became law in 2014, would be a good time to post what's actually legal and what's not.

    Full disclosure, I'm not a lawyer and would never represent myself as a legal professional. I will post references to the Canadian Department of Justice website and also to legal firms with detailed information on the topic. Anyone with a legal background will be more than welcomed to correct or clarify details that may not be completely accurate. For specific situations, will always recommend the services of a professional defense lawyer.

Current laws:

  -Independent providers( age 18+) are allowed to sell their own services. Including of sexual nature.

  -While also allowed to advertise their own services, any public form of sollicitation for prostitution is illegal. Same applies for clients.

  -Sexual services via procurers/pimps, are illegal.

  -For clients, the purchase of sexual services is illegal.

  -Also, getting caught in a bawdy-house/brothel is illegal. 

   

Differences between bawdy-house, gentlemen's clubs and massage parlors:

    Gentlemen's clubs can profit from memberships, cover charges and from amenities like a bar, restaurant, gift shop, private room rentals and others. But no matter the work agreement with attendants/hostesses, employers/owners can't pressure them or profit from sexual services.

   For massages parlors/spas, owners can only profit from therapeutic/relaxation and cosmetic services. If get favors for tips, I wouldn't panic. But would recommend keeping private and suggest a more private location for further business.

   But for either type of locations, if you see evidence of employees pressured to offer sexual services, I would strongly suggest getting out and avoid.

 

Legal options for clients and odds or getting caught:

    Clients are allowed to purchase companionship, therapeutic or any other services. But what consenting adults do behind closed door is their own business.

    The odds of getting caught in the act will vary depending on communications, who you're doing business with and the location.

 Communications:

     No matter if email, text, call, best to avoid asking for specific services. For example, you can ask for an hour massage/session. You can iron out the details once more confident about who you're dealing with. Also, public sollicitation of street worker is completely illegal and the best way of getting arrested.

 Choosing a provider:

     Supporting an independent who operates a clean private business will always be the safest option. Reason why forums like LYLA exist. Meeting someone under management or with an unknown history will significantly increase risks of getting robbed, assaulted, arrested and potentially killed.

  Locations:

     Private residences and apartments are normally safe options. But all depends on relationship with neighbors. If the place receives numerous noise complains, bylaws violations and unwanted attention, it significantly increases chances of visit by law enforcement. The same principle applies to massage places and adult clubs. The more complaints and the more potential criminal charges will increase likeliness of a bust. On top of sexual misconduct, prostitution and exploitation charges, drugs, questionable hiring practices(under age and illegal work visa) and other illegal activities will make the location susceptible to police operations.

     Also, the risks of outcalls to hotels and private residence will strongly vary depending on who you're doing business with.

 

  Options if caught:

       If caught in the act, the best is to cooperate and speak to a lawyer before providing answers that could potentially incriminate you.

       If in an adult club or massage place during a police operation, just cooperate and avoid attracting attention. If only there for a drink and atmosphere, they'll likely let you go after checking your identity and if got nothing on you. But if there to meet someone, this is where you want to be careful. If communication were vague about services, you can take the chance of "playing dumb". But depending on the nature of the location, this could backfire. When in doubt, best to lawyer up once arrested or detained.

 

    References:

   Fact Sheet - Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act (justice.gc.ca)

   Questions and Answers - Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act (justice.gc.ca)

   A look at prostitution and solicitation in Canada — Criminal Lawyers Edmonton | DUI Lawyers Edmonton Law Firm (haryett.ca)

   What are my rights if I am arrested or detained? | CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

 

    Hopefully this will answer some questions. And again, will welcome any corrections and opinions.

    This is about safety and how to avoid being part of the bigger problems of this industry.

     Have a safe and nice day.

    

    

     

    

  

    

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I worked in a local Spa for a year and a half. I was licensed by the City of Edmonton as a licensed Body Rub Practitioner. Our information and license were posted in our lounge. We had certain rules to follow, set out by the Spa Operator. The only payment the Spa received from us was for the rental of a room and nothing else. When a Client came into the Spa, whether they had an appointment or was a walk in we would greet them at the locked entrance, other than greeting the client and inquire about the Clients age, If they looked too young we would  ask for their identification. NO DISCUSSIONS were allowed at the door or in the hallways. We would show the Client to a closed room and invite them in and close the door. Only then would we discuss what would transpire in the Session. As we discussed what would transpire, we each had to agree to what we discussed. Depending on what the Client desired we would discuss what the fee was for the Session. The fee was paid before the Session. We would direct the Client to the shower that was in the room. While the Client showered we would exit the room, closing the door behind us and we would go to our lounge and list the Session, time the Session would begin, time the Session would end and write down the room fee. No particulars of the Session were discussed or noted. We were consenting adults and therefore we were kept safe from reprocussions. After the Session the Client was instructed to have another shower. After the Client showered we would escort him out then have our shower then cleaned the room, change the bedding and towels and wash and dry them. It was a well run Spa. Another rule we had was that none of us could unlock the outside door or take any clients if we were alone in the Spa.  

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I know this is an old thread - haven't been on this good board for many years.   

I am surprised it hasn't been reported that C36 has been struck down 3 times now in Ontario including an escort agency win.  There is now another case pending.  The Crown so far has not appealed since they probably know they would lose.

C36 has been struck down on the same basis as the old law where outcall was legal but not "bawdy houses" (incall), or living off the avails.   It again revolves around the Charter of Rights regarding the security of persons and safety. 

Ever since C36 was enacted, 3 major city police had press releases that there would be no more enforcement than pre-C36 as long as no underaged, or forced prostitution.   The 3 were Toronto, Vancouver, and Montreal.   The cases under C36 were from smaller more conservative cities but C36 lost.  

All the cases were in Ontario so is only a legal precedent in Ontario, but the arguments would be the same in all of Canada. 

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23 minutes ago, Dave in Phoenix said:

I know this is an old thread - haven't been on this good board for many years.   

I am surprised it hasn't been reported that C36 has been struck down 3 times now in Ontario including an escort agency win.  There is now another case pending.  The Crown so far has not appealed since they probably know they would lose.

C36 has been struck down on the same basis as the old law where outcall was legal but not "bawdy houses" (incall), or living off the avails.   It again revolves around the Charter of Rights regarding the security of persons and safety. 

Ever since C36 was enacted, 3 major city police had press releases that there would be no more enforcement than pre-C36 as long as no underaged, or forced prostitution.   The 3 were Toronto, Vancouver, and Montreal.   The cases under C36 were from smaller more conservative cities but C36 lost.  

All the cases were in Ontario so is only a legal precedent in Ontario, but the arguments would be the same in all of Canada. 

  This was discussed before:

   Judge Rules Portions of C-36 Unconstitutionall - Lyla

   Don't expect any changes until the Supreme Court of Canada forces lawmakers to provide amendments to unconstitutional portions of the law.

  

 

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