Interesting court decision re. municipal licensing of escorts and agencies

[gravitas]

Man 'duped' into pimping

Judge in sex case rules ex-firefighter was a victim of city rules, employees


Former Calgary firefighter Douglas Eastaugh was duped by the city, and perhaps some of the girls who worked for him, into acting as a pimp, a judge ruled yesterday.

Justice Pat Sullivan cleared Eastaugh on all but one of 12 pimping-related charges, saying the escort agency owner was a victim of "officially induced error".

"Officials of the City of Calgary erroneously induced the accused to reasonably believe that deriving an income from an escort agency ... was not contrary to the criminal law," Sullivan said.

"The accused was led to believe that following the licensing requirements shielded him from criminal liability," the Queen's Bench judge said.

Sullivan said Eastaugh was guilty of living off the avails of prostitution involving two girls who worked for him, and running a common bawdy house.

The latter charge, which involved Eastaugh allowing one woman to use his private residence for "dates," resulted in a conviction since he wasn't led to believe it was lawful, the judge said. Among the alleged victims was a woman who jumped or fell to her death while working as a prostitute in Vancouver.

But Sullivan said if anything the woman, like all the escorts subject to a publication ban, controlled Eastaugh.

"I am not satisfied that the accused, Eastaugh, exercised control over this individual," said Sullivan, as the dead woman's mother and other relatives listened in disbelief.

"In fact it may well have been the opposite in the ordinary use of the word 'control' and it appears (she) may have used Mr. Eastaugh," the judge said.

Sullivan said another woman "wanted into the prostitution business for money, quick money ... No one counselled her to work as a prostitute." And, he said, even an undercover cop who Eastaugh allegedly procured, flirted with him to get a job.

"In the case of ... applicants personally flirting with a potential employer to promote their hire as prostitutes, the quality of the persuasion which is the mischief of the provision is absent."

Outside court, Linda Cichon, the mother of the dead girl, said Sullivan's decision was "disheartening."

And she disagreed with the judge's suggestion her daughter, who had a different last name, was perhaps the controlling party in her relationship with Eastaugh.

"That was atrocious, she was 25 years old, he was 37 years old, she's never controlled anyone," she said.

Because Eastaugh spent 254 days in remand, Sullivan sentenced him to time in custody on the bawdy house charge for which he was found guilty.

In one respect happy that the courts agreed cities are by default involved in the sex trade when they license escorts/agencies but it does reopen the debate and could lead to changes members of the board wouldn't like.

 

[Zerphane]

I love how she said "Oh because the man is older he has to be the controller" that's just wrong, age has almost no factor in this, so she was 25.. big deal.. sigh that kinda stuff just pisses me off.


Zerphane

 

[youngninnocent]

Double Standard?

Ok correct me if I'm wrong but what I got from that story is if you're a male and you run an agency you can be charged (more or less) as a pimp because you're of living off the avails of prostitution.

Now my question is this; if you are a female and you run an agency can you also be charged of living off the avails of prostitution?

 

[HaywoodJabloemy]

...if you are a female and you run an agency can you also be charged..?

Yes. See the thread in the Winnipeg forum about `Jessie`s`. It says she was charged with living on the avails and keeping a common bawdy-house.
https://perb.cc/vbulletin/showthread.php?t=43323

...could lead to changes members of the board wouldn`t like.

It`s unfortunate that this had to happen in the wrong place (Calgary) at the wrong time (just as a Conservative federal government takes power). If this had happened five years ago in Vancouver or Toronto, the reaction of some might have been to urge the federal government to liberalize the outdated laws to allow escort agencies and MPs to operate legally. The reaction to this story in the Calgary newspapers appears to be mostly that the city should crack down on them.

But I find it difficult to believe there`s going to be any real attempt at an enormous nation-wide crackdown. Every large and medium-sized city licenses MPs and at least tolerates escort agencies if they don`t actually license them. There`s more than 350 MPs in the Greater Toronto Area alone, which probably means about 2000 or more MPAs, and one directory website lists more than a thousand escorts.

It`s easy for the politicians and police to say they`re going to get tough with all of them, but it`s difficult to see them following through. It would take a huge effort, and would only push the business into finding other more underground ways to operate.

 

[ihatemyskirt]

You know we would all be in large trouble if they actually followed licencing laws for escots here.

 

[georgebushmoron]

There will be a crackdown this year of a few select AMPs. It's not just going to be checking for illegals. They're going to go after the owners this time. Burnaby and especially Richmond are the main targets, but they may do Vancouver for political reasons.

 

[expo joe]

Hey GBM,

How can you be so sure about crackdowns on AMP's in Burnaby and Richmond this year and for political reasons? Just wondering if you have further insight?
Also, any crackdown on licensed MP's/ AMP's are typically targeted at the owners as the owners are suppose to comply to the by-laws and licensing requirements.

Cheers, Expo

 

[georgebushmoron]

any crackdown on licensed MP's/ AMP's are typically targeted at the owners as the owners are suppose to comply to the by-laws and licensing requirements.

Yes, the crackdowns in the past were only for bylaw/licensing infractions. It won't be the case this time.

How can you be so sure about crackdowns on AMP's in Burnaby and Richmond this year and for political reasons? Just wondering if you have further insight?

LE and prosecutors look for precedent setting cases and review case files that have previously not been eligible for likelihood of a "good" outcome. Certain AMPs have noteworthy profiles and are part of police monitoring. When a precedent setting case arrives, the Crown sometimes directs LE to take action on open case files of interest. Other times, LE takes the initiative and consults with prosecution for what is needed as evidence and sets up an operation to extract it from their targets. Also, while the municipal governments are loath to give up the revenues from licensing, LE operations are not accountable to municipal government yet they dole out LE budget. Because of this, it will likely be Crown that directs LE into action - thus the reason why it would be political. Also, higher governments are pressuring municipalities to clean out the illegal immigrant sex scene. The argument some use that LE wants the MPs around because of the bad publicity they received regarding streetwalkers a la Pickton is a weak one, as the streets are clean(er) now and they have the perpetrator in custody and there is no new evidence of another psychopath. Everything is pointing to a cleanup operation soon. The one piece of all this I have not told you is LE and Crown's interest in pursuing prostitution-related charges against the owners as opposed to mere bylaw infractions on license. This piece I'm keeping to myself

 

[expo joe]

Thanks GBM,

THis will make it an interesting "watch" for higher profile MP's and such around the various municipalities. It will be interesting to see whether or not MP's in Vancouver get targeted as well because Vancouver is the only city in the lowermainland, which has its own police department and not the RCMP....

Cheers, Expo

 

[westwoody]

The strip bar on Hornby between Georgia and Dunsmuir, I think it was called Gary Taylor's, was that ever busted? The hookers working there were top notch, especially during Expo. The cops said they didn't mind them working as long as they stayed in the bar and didn't make a spectacle on the street.
I was talking to two girls outside there and a vice cop came by and said their sergeant was out driving around doing his end of shift tour so she better get back inside, and he'd let them know when he was gone so they could come back out.

 

[Avery]

The strip bar on Hornby between Georgia and Dunsmuir, I think it was called Gary Taylor's, was that ever busted? The hookers working there were top notch, especially during Expo.

Wasn't it called Bartley's, or something like that? It was always full of Japanese businessmen looking for blondes.

 

[mick_eight]

Thanks GBM,

THis will make it an interesting "watch" for higher profile MP's and such around the various municipalities. It will be interesting to see whether or not MP's in Vancouver get targeted as well because Vancouver is the only city in the lowermainland, which has its own police department and not the RCMP....

Cheers, Expo

Wrong... NewWestminster has its own police force as Port Moody does also Delta

 

[georgebushmoron]

Wrong... NewWestminster has its own police force as Port Moody does also Delta

Still hating my joke about you driving a garbage truck?

 

[mick_eight]

Still hating my joke about you driving a garbage truck?

To tell the truth GBM I don't hate anything ,its a waste of emotion.

 

[sirlickheralot]

Years ago they raided the Penthouse and shut it down, charged ol Joe Philiponne with running a bawdy house as the girls used the credit card system they had to get cash from their clients.

When that happend the SW scene in Vancouver was created, there were girls on every corner. If they crack down on agencies and MP's, the effect could be the same again.

I don't mind, the buffet will be stocked with a whole load of new selections!

The street scene has gone downhill for too many years, I was starting to think nobody wanted to do anything to fix it. I completely gave up on cruising a couple of years ago. It's about time the Pigs got off their asses and did something about reviving the street scene. Now if they can just get it back to what it was back in the early 90's I'll have to Ho proof my car and join you out in the trenches.