Is Prostitution Legal In Canada?

[Ms. Sexy Sexy]

Here are some answers for Dr. Keith Martin, Member of Parliament for Esquimalt, since he is so confused about Canada's laws regarding prostituion. The real question is should Dr. Keith Martin be an MP if he can't understand the law. Why is he trying to confuse the public on the issue? What is his secret agenda?

http://www.sexwork.com/montreal/law.html

http://www.sexwork.com/coalition/whatcountrieslegal.html

http://www.walnet.org/csis/papers/sdavis.html

http://www.lilithgallery.com/articles/2006/canadian_sexindustry.html

 

[TheRater]

Since when was the ability to understand the law, other than to break it, a requirement for our politicians?

- TR

 

[OTBn]

Here are some answers for Dr. Keith Martin, Member of Parliament for Esquimalt, since he is so confused about Canada's laws regarding prostituion. The real question is should Dr. Keith Martin be an MP if he can't understand the law. Why is he trying to confuse the public on the issue? What is his secret agenda?

http://www.sexwork.com/montreal/law.html

http://www.sexwork.com/coalition/whatcountrieslegal.html

http://www.walnet.org/csis/papers/sdavis.html

http://www.lilithgallery.com/articles/2006/canadian_sexindustry.html

need some help here... I can't seem to find anything current for Dr. Keith Martin/prostitution. Can you provide a news/topic link or offer a bit more detail - thanks.

 

[greatshark]

MP Keith Martin does have a point.

Prostitution is NOT illegal in Canada.

BUT, here's the catch -

all activities around prostitution itself are. for example, communication/solicitation in a public place, procurring, living off the avails (including the prostitute herself), keeping a common bawdy house (could mean your apartment, massage parlour).

as the Supreme Court of Canada said the laws regarding prostitution are "bizarre".

personally, i think prostitution laws would not survive a charter challenge, particulary for the prostitute...but who wants to take on the challenge and who can afford the legal cost?

 

[Ms. Sexy Sexy]

Original post

need some help here... I can`t seem to find anything current for Dr. Keith Martin/prostitution. Can you provide a news/topic link or offer a bit more detail - thanks.

Here it is:

https://perb.cc/vbulletin/showthread.php?t=62293&highlight=Keith+Martin

I can`t believe so many CANADIANS believe it is ILLEGAL and that we need to legalize it. Keith Martin is muddying the waters by asking the question in the above link. I am confused by the fact that CFAX bought into his comments without checking out the law first to see it is already LEGAL in Canada. That`s the media for you. Stupid and thick as a brick !

 

[OTBn]

the distinction here seems to be "prostitution" versus "soliciting"... of course, prostitution is legal - while soliciting sex is not.

(Liberal) MP Dr. Keith Martin is actually an advocate for legalizing solicitation... that is currently illegal

the wording of the CFAX poll didn`t draw out that distinction (prostitution versus solicitation) - probably blame the media for the poll wording.

(Seems I`d actually replied to the thread you`ve linked... but didn`t notice/catch the opening post reference to Dr. Keith Martin. But... it seems that I`m still waiting... that those Harper Conservative proponents on this board will step forward, loudly and proudly, and rationalize their political leanings with the reports described, "Conservative Approach" ... uhhh, still waiting )

 

[Ms. Sexy Sexy]

the distinction here seems to be "prostitution" versus "soliciting"... of course, prostitution is legal - while soliciting sex is not.

(Liberal) MP Dr. Keith Martin is actually an advocate for legalizing solicitation... that is currently illegal

the wording of the CFAX poll didn't draw out that distinction (prostitution versus solicitation) - probably blame the media for the poll wording.

Thanks for clarifying, OTBn ! To say I dislike the mainstream media is putting it mildly.

 

[HaywoodJabloemy]

...i think prostitution laws would not survive a charter challenge... but who wants to take on the challenge and who can afford the legal cost?

The Pivot Legal Society in Vancouver and Alan Young in Toronto are both preparing legal challenges.
http://www.straight.com/article-68219/sex-laws-will-be-challenged

http://www.lilithgallery.com/articles/2006/canadian_sexindustry.html

That one is simply incorrect. Brothels are not legal in Canada, and "asking for sex in exchange for money" can be legal if done in a private location not commonly used for the purpose of prostitution.

To over-simplify it, the Criminal Code makes pimping, brothels, and public soliciting illegal. Otherwise, I believe the laws don't specify that prostitution, or being a prostitute, is legal or illegal.

Criminal Code of Canada
http://laws.justice.gc.ca/en/showdoc/cs/c-46/bo-ga:l_VII//en
(Scroll down to sections 210 through 213 on Bawdy-houses, Procuring, and Offence in Relation to Prostitution.)

 

[wolverine]

Here's another good source:
http://www.police.edmonton.ab.ca/Pages/Prostitute/legalities.asp

 

[Ms. Sexy Sexy]

A very good, clear one, Wolverine.

 

[PuntMeister]

Phones?

I hear conflicting stories about phone use in regard to soliciting. If you use a private line, a hotel phone, a cell phone, or a public pay phone, does this make any difference to soliciting or not?

 

[Ms. Sexy Sexy]

I hear conflicting stories about phone use in regard to soliciting. If you use a private line, a hotel phone, a cell phone, or a public pay phone, does this make any difference to soliciting or not?

This is what the www.sexwork... site above says:


(4) An independent outcall escort has the right to discuss specific acts of sex for money in private. Hotel rooms, telephones and private homes. The Canadian Supreme court has ruled that a land based telephone is a private communication. When one places a phone call, they have a reasonable expectation of privacy, and that is the test. The same is easily extended to cellular phone communication. One would have to have special equipment to intercept such communication.

Maybe someone can quote an actual legal statute.

 

[PuntMeister]

Thanks Ms. Sexy, good info.

I set up a session once many years ago with a well known sp using a pay phone. I think that was a bad idea because when I arrived at the place, my spidey senses were tingling, and I spotted a few unmarked LE cars staking the place out. I called and cancelled, and went for a few beer instead.

Land line sounds clean, but I hear different stories about cell phones. Any other legal opinions out there?

 

[ms.belair]

police surveillance

I have not been in the business long (except for an adolescent stint back in the early '80's), but I'm certain I've had a couple of visits from LE in the past 2 years. I can't state for certain, however I am sure that the local police are aware of any escort that advertises on EC. In other words, lots of us are Police Approved.

 

[john23]

personally, i think prostitution laws would not survive a charter challenge, particulary for the prostitute...but who wants to take on the challenge and who can afford the legal cost?

I know someone who got charged under the common bawdy house law and used the charter in her defence. The prosecution dropped the case as they didn't want it to go to trial and then lose.

Personally I don't think it will make that much of a difference initially if the criminal code restrictions on communication etc are struck down. What will really matter will be what they are replaced with after.