legalities and the new change in prostition laws

[angrymime666]

first off let me tell all the viewers that I do not have an extensive understanding of the new changes, except for the moment that prostition has become legal.

anyone else thinking about opening their own bawdy house?

 

[nottyboi]

The govt has appealed. There is no change pending the outcome of the appeal.

 

[angrymime666]

hmmm...... well.... plan "A" on hold.

I figure if dolly and burt could do it so could I

 

[Aardvark154]

first off let me tell all the viewers that I do not have an extensive understanding of the new changes, except for the moment that prostition has become legal.

Outcall has been and remains legal. It is incall which remains illegal pending the Government's appeal.

 

[Yoga Face]

Outcall has been and remains legal. It is incall which remains illegal pending the Government's appeal.

Is not soliciting over the phone illegal ???

 

[afterhours]

Outcall has been and remains legal.

legal for hobbyists, not for drivers/owners/phone girls etc

 

[Aardvark154]

Is not soliciting over the phone illegal ???

It would depend upon what you said.

 

[Aardvark154]

legal for hobbyists,

and escorts

not for drivers/owners/phone girls etc

 

[afterhours]

It would depend upon what you said.

I don't think it would; it's only solicitation in public that is criminalized; hard to see how a private phone conversation is public

 

[oldjones]

Is not soliciting over the phone illegal ???

No. Never has been. That's a private conversation, unless by soliciting you meant harassing someone over the phone. What was illegal about phone ops was that they were profitting from the avails.

 

[fuji]

I don't think it would; it's only solicitation in public that is criminalized; hard to see how a private phone conversation is public

Correct. "Public place" in Canada with respect to solicitation laws has been narrowly defined by the courts to mean a physical place that is in plain view of the public. So your car parked on the street (in view) is a public place. A phone call, internet chat room, or newspaper ad is not a physical place and therefore not a public place.

 

[Aardvark154]

I don't think it would; it's only solicitation in public that is criminalized; hard to see how a private phone conversation is public

Duh, you are absolutely correct since in Canada telephone calls have been ruled to be private conversations. Sorry about that, I work with the opposite too much.

 

[TeasePlease]

I wouldn't rush to open an incall. Bawdy house may well be removed as a criminal code matter, but you can bet your a$$ that another law (or by-law) will take its place.

We may be happy pooning, but NIMBY, y'know.

 

[Yoga Face]

No. Never has been. That's a private conversation, unless by soliciting you meant harassing someone over the phone. What was illegal about phone ops was that they were profitting from the avails.

If the phone call is done in a public place I believe it is illegal

Communicating for the Purposes of Prostitution (CCC 213 (1c)): formerly called solicitation, this law says that no one can communication for the purposes of prostitution. This includes anywhere public, via cell phone, the internet, hotel lobbies, streets and bars.

 

[TeasePlease]

Yoga Face sounds right. If you communicate with any person in a public place or "place open to public view" for purposes of prostitution....



Offence in Relation to Prostitution

Offence in relation to prostitution
213. (1) Every person who in a public place or in any place open to public view
(a) stops or attempts to stop any motor vehicle,
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or
(c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person
for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

Definition of “public place”

(2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

R.S., 1985, c. C-46, s. 213; R.S., 1985, c. 51 (1st Supp.), s. 1.

 

[thompo69]

If the phone call is done in a public place I believe it is illegal

Communicating for the Purposes of Prostitution (CCC 213 (1c)): formerly called solicitation, this law says that no one can communication for the purposes of prostitution. This includes anywhere public, via cell phone, the internet, hotel lobbies, streets and bars.

I don't believe so. Just because you are in a public place, does not necessarily make that phone call public.

 

[Aardvark154]

I don't believe so. Just because you are in a public place, does not necessarily make that phone call public.

If I were the Crown I would certainly argue (and without researching it I bet the Crown has) that if the call can be overheard it is now public.

Hence my advice would be don’t make the call from a cell phone in public or from a pay phone.

 

[Ladyraven]

If I were the Crown I would certainly argue (and without researching it I bet the Crown has) that if the call can be overheard it is now public.

Hence my advice would be don’t make the call from a cell phone in public or from a pay phone.

thats why i prefer texting

 

[Cassini]

thats why i prefer texting

Getting a print out of your cell phone text history is simply a matter of the police calling the phone company. After a recent decision involving ISPs, the police do not require a warrant (although the law may be open to debate).

The old fashioned cell phones were unencrypted. Any scanner could pick up your conversation. As such, "conversations were public." Email is pretty much public too.

Your best chance of avoiding prosecution is to just use the modern cell phone for phone conversations. The police need a warrant to tap the line. If the police want you badly enough to get a warrant, the jig is pretty much up anyway. With warrants, all sorts of techniques are available to the police to prove criminal activity is happening, and to harass your clients.

 

[fuji]

Getting a print out of your cell phone text history is simply a matter of the police calling the phone company. After a recent decision involving ISPs, the police do not require a warrant (although the law may be open to debate).

So what? If texting isn't considered a "public place" you aren't breaking any law. What would the police do with the transcript, other than perhaps congratulate you on your taste in escorts?

The old fashioned cell phones were unencrypted. Any scanner could pick up your conversation. As such, "conversations were public." Email is pretty much public too.

But see my post to Aardvark below--merely being public isn't enough to make it criminal. It must be a public place. Place is key here: An airwave or an email or a newspaper is not a place.