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Section 213 of the Criminal Code states that communicating (in public) for the purpose of prostitution is a summary conviction offence. Summary offences are considered "less serious", carrying a maximum six-month jail term (seldom imposed), a $2,000 fine, or both. The offender does not receive a formal criminal record, nor are fingerprints or photographs taken.
Because communicating is a minor offense, street prostitution is a major problem in many Canadian cities. See extensive separate report on Canadian Street Prostitution at http://www.sexwork.com/montreal/street.html. While I highly support private prostitution as a choice for adults, I am totally against street prostitution, especially in residential areas. In my street report I discuss other options and my observations realizing I am an outsider, but monitor similar issues in other countries.
In February 1997 the Vancouver police announced that they no longer intend to arrest prostitutes for even street communicating, except if they are working near schools etc. The press release announcing this policy reasoned that: The root cause of Vancouver’s street prostitution trade is the men who purchase or recruit and control (pimp) juvenile or adult sex workers.
In Montreal, cities adjacent to Vancouver including Burnaby and Surrey and others have enforced the public communicating restrictions and have set up stings against men soliciting undercover cops on the street.
In Vancouver, in the high priced downtown streets the hookers help the cops instead of being adversaries. So the enforcement of the restrictions varies greatly and can change over time. Downtown prostitution in areas long known for prostitution is less offensive than in residential areas.
In other parts of Canada people are very upset with all the street walkers in their area and point out the flaws in the communications law which they hope to change: According to the Identification of Criminals Act, fingerprinting and photographing of individuals are only permitted for indictable offences. Many of those charged under section 213 use false identities, so it is difficult for authorities to identify repeat offenders or runaways. Summary offences are often just slaps on the wrist, and fines become "the price of doing business" for many offenders. With little sense of deterrence, it is easy for prostitutes and johns (sex trade offender) to meet on the streets.
Lyla who hosts one of the best Canadian sexworker discussion sites lyla.com, in discussing street solicitation says:
"The law up here was actually *more lenient* when I first arrived in Canada. At that time, we had a "pressing and persistent" component to the law — which meant that not only did a streetwalker have to pin a prospective customer, but she had to hold him down for a count of ten in order to qualify for a solicitation charge. 😉 "
But again it is not prostitution that is illegal, only the street solicitation. Prostitution itself is legal in all of Canada just how its done is restricted.
2."Bawdy Houses" are illegal. This provision was made part of the Canadian Federal Code in 1850. Yes, 1850. A bawdy house is a place kept, occupied or used by at least one person for the purposes of prostitution or indecent acts. Therefore incall service is illegal but enforcement of this varies in different cities from almost no enforcement unless also involves other activities such as drugs or illegal aliens, to even trying to use this provision to shut down swing clubs in some Eastern Canadian cities.
Most sex workers and government agencies agree the law against brothels prevents prostitutes from working safely. LCC president Nathalie Des Rosiers says, "If the idea is to ensure safety of sex workers, being in a group is better than being alone, because they can share information. The criminalization of brothels prevents this."
Any place regularly used for prostitution or "indecent acts" is considered a "bawdy house," which can include brothels, bathhouses and prostitutes’ apartments if they bring clients. This means sex workers can only legally make outcalls to ad hoc places, leaving them vulnerable; even using the same hotel frequently can be illegal. Charges can be laid against "keepers" of bawdy houses; "found-ins" (usually johns); and "inmates" (anyone who works on the premises). Landlords can also be charged if they know "indecent" acts are taking place on the property.
It is illegal to be an "inmate" or a "found within") in a bawdy house. But this is very difficult to prosecute. In 2000 hundreds of Peal police raided 3 strip clubs in the Toronto area where illegal sex acts were observed (handjobs, oral etc). 74 were arrested mostly on "being an inmate" charges. All charges were later dropped.
To be charged with being found within a common bawdy house (s still a mens rea offence meaning you had to have had knowledge that you were in such a place. The prosecution is in a difficult position in the absence of statements by accused because when you’re in your room in a massage place or in the VIP area of a strip club, you don’t know whats going on in the other parts of the spa or club and accordingly how do you have knowledge if you can’t see whats goig on. Now there are two tests, The known test, and the ought to have known test. A statement like "Oh come on. it was just a hand job." could sink you.

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