The Canadian Criminal Code (CCC) outlines what is illegal in Canada. It overrides all provincial laws or municipal bylaws. Places and activities bringing you in conflict with the law:
1. Public Places (s.213 “communicating”, s.173 “indecent act”, s.167 “indecent performance”)
In a public place it is illegal to negotiate paid sex and/or engage in sexual activities. A public place is one the public has access to, or that is open to the public/public view (e.g., hotel lobbies, bars, cars, street corners, etc.). It may include pay and cell phone conversations.
It is also illegal in a public place to be part of an indecent, immoral or obscene performance (s.167). What is indecent, immoral or obscene is decided when a case goes to court. Dancers are most likely to be charged under s.167 or s.173.
2. Third Party Activities (s.212 “procuring”)
This applies to the activities of anyone who introduces a person into prostitution (procuring), sets up a date between a sex worker and a client, and/or makes money from a sex worker (procuring and/or “pimping”).
Illegal acts include:
• Directing, bringing someone to, and/or confining or hiding someone in a bawdy house (see “In-call Services” for definition of a bawdy house).
• Encouraging, forcing or attempting to force someone to engage in sex work in or outside of Canada.
• Controlling, directing or influencing the movements of a person (including by drugging them) to get them to engage in sex work. While you may live totally or partly on the money you earn as a sex worker, it is illegal for others to do so.
3. In-call services (s.210 & s.211 “bawdy house”)
A bawdy house is a place where sexual services or indecent acts (see #1 above for definition of indecent acts) regularly occur (e.g., brothels, dungeons, massage parlours, strip clubs, homes or business locations of sex workers). A bawdy house can be a place where one or a number of sex workers provide sexual service. You can be charged if you:
• Are found, work, or live in a bawdy house
• Take, offer to take, or direct someone to a bawdy house
• Are in full or partial charge or control of a bawdy house. This is the more serious of the charges under s.210.
Each province can make laws to control anything that occurs within its borders. Provincial laws therefore can differ from province to province. They deal with a number of things including: roads and traffic, public places, social assistance, places of work (e.g., building codes, fire safety, job related health and safety issues, etc.). Enforcement patterns often vary.
Provincial laws and sex workers:
• Police can use traffic laws (e.g., interfering with traffic, stopping a moving vehicle) to harass workers.
• If your landlord suspects or knows something illegal is being done on the premises, you can be evicted.
• The court can close a place where in-call services occur.
• If you drop used condoms, needles, or broken glass, etc. in a public place, you may be charged with littering.
• If you are on social assistance, you are required to report any money you earn, even from sex work (see Money Matters).
• Laws dealing with places of work (e.g., building codes, fire safety, job related health and safety issues, etc.) can protect indoor workers who are working legally. But:
• They are difficult to enforce.
• They only apply to employees, not independent workers/contractors (see Money Matters for definitions of these terms).
• They require you to give your name.
• It is hard to find out where to file a complaint.
• The problem usually has to be really bad before action will be taken.
These laws vary from city to city and can be used to license sex workers or sex work businesses (e.g., escort, exotic dancing, body rub) or zone where such businesses (e.g., escort service offices, massage parlours, strip clubs) are located. You can still be charged with crimes even if you have a licence.
Municipal bylaws can:
• Restrict who gets a license. Working without one can result in bylaw charges. When new to a city or type of work, it is a good idea to check (anonymously!) with the local licensing office to see if a license is needed.
• Restrict where places such as body rub parlours, strip clubs and escort agencies are located.
• Potentially provide protection for indoor workers (e.g., cleanliness and safety of work place) but are difficult to enforce.
• Result in either increased or decreased police harassment, depending on the political climate.
http://web2.uwindsor.ca/courses/sociology/maticka/star/pdfs/law_matters_prnt.pdf
