Canadian Prostitution Laws
SECTION 210, The Criminal Code
This law males it an offense to:
a) "Keep" a brothel (or manage one, own one,
b) Work in a brothel.
c) Be found in a brothel (this is what brothel customers are usually charged with).
d) Rent or lease space to someone who plans to use the space as a brothel.
If a person renting or leasing space in Canada is convicted of keeping a brothel
in the rented space, the landlord is obligated by law to evict said person.
Since most Canadian brothels (using the legal definition) are in fact the homes of
the working prostitutes,they stand to lose their homes if they are renters -- and convicted.
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SECTION 211, The Criminal Code
This law makes it an offense to knowingly take, offer to take, or direct someone to a brothel.
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SECTION 212, The Criminal Code
This law makes it an offense to:
a) Procure or solicit a person to have illicit sex with another person.
b) Entice someone who is not a prostitute to enter a brothel for the purpose of prostitution.
c) Hide someone in a brothel.
d) Procure someone to become a prostitute.
e) Convince someone to leave their residence and become a "frequenter" of a brothel.
f) Direct or take a new arrival to Canada to a brothel.
g) Procure a person to leave Canada to become a prostitute.
h) Exercise control over someone for the purpose of prostitution (commonly used against pimps,
also used against escort service owners,managers, and phone operators).
i) Drug someone (which includes getting someone drunk) to enable another person to have sex with
the person who has been drugged. j) Live wholly or partially on the avails (profits) of prostitution
(commonly used against pimps, often used against husbands, lovers ,boyfriends, etc.).
Evidence that someone is "habitually in the company" of a prostitute, or lives in a brothel, is,
in the absence of evidence to the contrary, proof that the person in question lives on the avails
of prostitution.
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SECTION 213, The Criminal Code
This law makes it an offense to solicit or "communicate" for the purpose of prostitution in a
public place. Communicate can mean virtually anything; a wink, a nod, a smile, even conversation.
"Public place" includes any place that the public has access to, either by right or invitation
(streets, parks, hotel lobbies, bars ...). For the purpose of this law a public place includes
"any motor vehicle located in a public place (like a street), or in any place open to public view
(such as a parking lot or a trick's driveway)."
It's perfectly legal for a Escort to see a client in a hotel room, or the client's home or other
personal space. It's also legal for pros to advertise in magazines and newspapers -- magazines and
newspapers are not considered public so sex trade worker can legally advertise in the press.
There is no need for a customer to use euphemisms or codes when speaking to a escort over a
LAND PHONE LINE. (NOT A CELL PHONE) Telephones are not considered public places, so you can be as
open as you want.
Another law often used against both prostitutes and their clients is Section 173 of our
Criminal Code -- our indecent act law.
This law makes it an offense to commit an indecent act in a public place in the presence of one or
more people, or to commit an indecent act in any place with the intent to insult or offend another person.
Indecency is not defined in our Criminal Code, so Canadian judges have the power to determine what
is indecent on an individual case bases.
A judge may not consider two lovers having sex on a beach to be indecent but the same judge may think
that a sex trade worker having sex with her date in a car is indecent, and convict both the pro and the date.
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