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PUBL 6140.030 S Business and Government

Prostitution in Canada
Professor D B
July 30, 2004 My Name 666 666 666

Table of Contents
Table of Contents.................................................................................................................2 Introduction..........................................................................................................................4 Background..........................................................................................................................4 Prostitution: An International Perspective.......................................................................5 Early Prostitution Legislation in Canada.....................................................................6 Current Prostitution Legislation in Canada......................................................................7 Procuring and Living on the Avails.........................................................................7 Bawdy House Offences ...........................................................................................8 Communicating........................................................................................................8 Sexual Services from Youths...................................................................................8 Analysis................................................................................................................................9 Policy objectives of prostitution Legislation...................................................................9 Stakeholder Analysis.................................................................................................10 Prostitutes...............................................................................................................10 The Community.....................................................................................................10 Police .....................................................................................................................11 Clients of Prostitutes..............................................................................................11 Civil Libertarians...................................................................................................11 Feminist Groups.....................................................................................................11 Social Service Agencies.........................................................................................12 Government............................................................................................................12 Research on Prostitution in Canada...........................................................................12 Profiles of Prostitutes.............................................................................................13 Violence Against Prostitutes..................................................................................13 Findings of the Fraser Committee..........................................................................14 Findings of the Badgley Committee......................................................................16 Reaction of the Government to the Findings of the Committees...........................16 Policy Options................................................................................................................17 A. Criminalization......................................................................................................18 Stakeholders Revisited...............................................................................................20 B. Decriminalization / Legalization with Regulation................................................21 A Model for Legalized Prostitution - Queensland Australia.........................................26 The Sex Worker.....................................................................................................26 The Client...............................................................................................................28 The Community.....................................................................................................28 Stakeholders Revisited...............................................................................................29 Individual Perspectives on Prostitution.....................................................................30 Conclusion........................................................................................................................32 Exhibit 1 Criminal code sections 197, 198, 199, 210, 211, 212, 213, 265....................34 Disorderly Houses, Gaming, and Betting..............................................................34 Presumptions..........................................................................................................35 Search.....................................................................................................................36 Bawdy-houses........................................................................................................37 2

Transporting person to bawdy-house.....................................................................37 Procuring................................................................................................................37 Offence in relation to prostitution..........................................................................38 Assault....................................................................................................................38 Kidnapping, Hostage Taking and Abduction ........................................................39 Extortion................................................................................................................40 Exhibit 2 Age of Respondents by Sex Industry Sector..................................................41 Exhibit 3 Marital Status by Sex Industry Sector............................................................41 Exhibit 4 Reasons provided for Starting in Sex trade industry by current sector..........42 Exhibit 5 job satisfaction by current type of work.........................................................43 Exhibit 6 Comparing the self reported health of female sex workers with age-matched women from the general population..............................................................................44 Exhibit 7 proportion of respondents reporting ever having been raped or bashed by current type of work.......................................................................................................45 Exhibit 8 number of respondents reporting ever having been raped or bashed by current type of work.......................................................................................................45 Exhibit 9 respondents beliefs about whether a brothel has affected their business or personal activities in areas with to without brothels .....................................................46 Exhibit 10 Respondents answering ‘yes’ to a series of question about sex work .........46

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Intr oduction
The purpose of this paper is to examine the current model of regulation of prostitution in Canada and to assess whether or not the current model of regulation is satisfactory in meeting its objectives and whether or not the regulatory framework best serves the public interest and addresses the issues related to the major stakeholder groups. It is the hypothesis of this paper that Canada’s current model for the regulation of prostitution is defective. While the issue of juvenile prostitution is an important one, it has already received much attention as compared to adult prostitution, and so the focus of this paper is on adult prostitution. A brief background of the sex trade industry is provided along with an explanation of the early prostitution legislation regime in Canada. An explanation of the current model of legislating prostitution in Canada (the criminalization model) is provided and followed by a critical analysis of the criminalization model. A discussion of decriminalization / legalization with effective regulation is offered as an alternative to criminalization and the model of regulation currently employed in Queensland, Australia is highlighted as an example, following which conclusions are drawn.

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Backg r ound

PROSTITUTION: AN INTERNATIONAL PERSPECTIVE
Prostitution is one of the oldest and most enduring professions. Despite attempts to control and eradicate it through criminal sanctions, it remains a feature of most societies over recorded time. 1 The term "prostitute" has generally referred to females who sell brief encounter sexual services to a variety of men. 2 Social control of prostitution (especially female) is problematical around the world. Despite over two decades of an international women's movement, prostitutes in many societies are subjected to extraordinary public regulations: ghettoization, arrest, jail or prison sentencing, fines, ridicule, shaming, shunning, and deportation. Additionally, prostitutes are frequently the victims of violent crime - raped and beaten by clients or pimps and murdered by unknown serial killers. 3 Generally, street prostitutes demand the lowest price for their services, although prices can often vary within different areas of a given city. Escorts tend to command higher prices, although prices can vary among agencies and geographically. Escorts are more expensive than street prostitutes because a fee is charged by the agency in addition to the fee charged by the worker providing sexual services. The more exclusive the prostitute is, the higher the cost, in general. It appears that (at least in the case of

1

Selling Sex in Queensland: Study of Prostitution in Queensland, http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf 2 Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 56 3 Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p1

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females), that there is an inverse relation between the public visibility of the prostitute and the price that she is able to command. 4

EARLY PROSTITUTION LEGISLATION IN CANADA
During the mid 1800’s the status of the prostitute was criminalized based upon vagrancy laws imported to Canada from England. For example, a prostitute who could not explain his or her presence in a public place to a police officer was arrested. Moral reformers claimed to want to protect young women and children involved in prostitution and wanted male exploiters punished. However, when it came to enforcement, it was female prostitutes who were arrested. In the early 1900’s there were renewed efforts to protect prostitutes from the exploitative aspects of the trade. In 1913, the Criminal Code of Canada was amended to bolster procurement and bawdy house laws. The changes were enacted in part to address the shortcomings of earlier laws that discriminated against females involved in prostitution. Following these changes, there was an increase in the number of charges laid for procuring, pimping and living on the avails of prostitution. Notwithstanding, it was still primarily female prostitutes who were arrested. Men who purchased sexual services did so with little fear of criminal censure. The vagrancy laws relating to prostitution were repealed in 1972 and replaced with Section 195 of the Criminal Code, which relates to solicitation, which in turn was replaced by with the communicating law (Section 213). Using the number of prostitution related articles in the Globe and Mail, Vancouver Sun, and Province from 1920 to 1975 as a proxy; it

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Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 56 - 57

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appears that more than 60 years would pass before prostitution became a national issue again. 5

CURRENT PROSTITUTION LEGISLATION IN CANADA
While prostitution per se - has never been a crime in Canada; it has been in the past and continues to be today attacked indirectly. There are many prohibitions surrounding the act of taking money for sex that, in most situations are illegal in whatever form. The relevant provisions are included in the Criminal Code and include offences that relate to bawdy-houses (section 210 and 211), procuring (section 212), and communicating (section 213). See Exhibit 1 for relevant sections of the Criminal Code. 6 There are currently four clusters of crimes related to prostitution: (1) procuring for the purpose of or living on the avails of prostitution, (2) bawdy house offenses, (3) communicating in a public place for the purpose of buying or selling sexual services, and (4) purchase of sexual services from youths and children. 7 Procuring and Living on the Avails The intent of the procuring and living on the avails of prostitution statutes are to prevent third parties from making any kind of financial gain from the prostitution of other persons. Section 212 of the Criminal Code contains provisions that prohibit the procuring of persons to become prostitutes or the enticing of persons to become inmates of common bawdy houses and prohibits gain arising from the aiding, abetting or

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Bittle, Steven, YOUTH INVOLVEMENT IN PROSTITUTION: A LITERATURE REVIEW AND ANNOTATED BIBLIOGRAPHY, p 4 – 5, http://www.justice.gc.ca/en/ps/rs/rep/rr01-13.pdf 6 http://laws.justice.gc.ca/en/C-46/section-210.html 7 Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 59

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compelling of another person to engage in prostitution as well as prohibiting a person from living "wholly or in part on the avails of prostitution of another person". Bawdy House Offences The bawdy house provisions are found in sections 197, 198, 199, 210, and 211 of the Criminal Code. As per Section 210 it is an indictable offense to "keep" a "common bawdy house." A bawdy house is defined as a place that is "(a) kept or occupied, or (b) resorted to by one or more persons for the purpose of prostitution or acts of indecency" as per Section 197. Under Section 210, it is an offense to be found in or to be an inmate of a bawdy house, or to have control of any place, or any part of any place, that is let or used as a common bawdy house. Section 211 prohibits transporting or offering to transport another person to such a place. Sections 198 and 199 deal with what constitutes evidence in establishing whether or not a place is a common bawdy house. Communicating The communicating law (Section 213) was established in December 1985 and replaced the solicitation law. Its principal purpose was to reduce the visibility of prostitution, thus reducing the nuisance aspects of prostitution to the general public. A noteworthy aspect of the communicating law is that for the first time in the history of prostitution laws in Canada, the Criminal Code included customers "under the purview of the law". Thus rendering clients of prostitutes vulnerable to prosecution. Sexual Services from Youths In 1988 the federal government introduced Bill C-15 to address sexual offences children and youth with the clear message that protection of minors was a priority and

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sexual abuse was unacceptable and would not be tolerated. Section 212 was amended accordingly to make it easier for police to arrest offenders and provided for stiffer sentences. 8

Analysis
While prostitution is technically legal in Canada, the combined effect of the laws relating to bawdy houses, living on the avails of prostitution, procuring, communicating, and youth related sex make it very difficult for a prostitute to practice prostitution without breaking the law as noted by Lowman: “The prostitute has been legislatively encircled; prostitution is permitted as long as it is not practiced. It is virtually impossible to conceive of a location where prostitution can occur on a regular basis without one of the parties to the act risking criminal prosecution” 9

POLICY OBJECTIVES OF PROSTITUTION LEGISLATION
The primary objectives of the government policy with respect to prostitution appear to be twofold: 1) the protection of prostitutes from exploitation and harm (from third parties) and 2) the protection of the public from the “nuisance effects” of prostitution. Lowman has categorized prostitution laws into two segments: those for the purpose of protecting prostitutes from third parties relating to laws dealing with procuring, living on the avails (Section 212), running, owning or transporting someone to
8

Bittle, Steven, YOUTH INVOLVEMENT IN PROSTITUTION: A LITERATURE REVIEW AND ANNOTATED BIBLIOGRAPHY, p 3 – 11, http://www.justice.gc.ca/en/ps/rs/rep/rr01-13.pdf 9 Lowman, J. (1992). Street Prostitution. In V. Sacco (Ed.), Deviance conformity and control in Canadian society, Scarborough: Prentice-Hall Canada Inc., p 78 – 79.

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a bawdy house (Section 210-212) and those laws meant to protect the public from the "nuisance" effects of prostitution such as the law against public solicitation (Section 213).10

STAKEHOLDER ANALYSIS
There are a multitude of stakeholders in the context of regulating prostitution and a number of these stakeholders and their respective stakes are identified. The focus of this paper is on prostitutes, the community and the clients of prostitutes. Prostitutes The primary concerns from the perspective of sex workers include freedom to ply their trade freely without being harassed by the police and members of the community. Furthermore, it is likely that they would appreciate being treated as equally as possible in so far as practicable in the context of being members of society in general. In other words – to avoid being marginalized by society at large. A significant concern would include safety (from harm / violence). The Community The primary concerns from the perspective of the community would likely be to avoid any adverse effects of prostitution in the community’s locale. Denizens would not want to be unwillingly solicited by prostitutes. Communities would likely want advertisements for sexual services to be low profile. Any crime or other detrimental outcomes or effects related to prostitution to local businesses for example (whether actual or perceived) should be minimized or eliminated in so far as practicable.
10

Lowman, J., "You Can Do It, But Don't do It Here: Some Comments On Proposals for the Reform of Canadian Prostitution Law", Regulating Sex: An Anthology of Commentaries on the Badgley and Fraser Reports (Burnaby, B.C.: School of Criminology, Simon Fraser University, 1985) p 193 - 195

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Police The mandate of police authorities is to uphold the current law which includes the various prohibitions related to the practice of prostitution. Concerns would also include violence against prostitutes, exploitation of sex workers such as juveniles and sex workers smuggled into the country who are coerced into the sex trade. Clients of Prostitutes Clients of (adult) prostitutes (in general) would be concerned with such issues as variety, quality, value, and discreetness, cleanliness, and avoidance of STDs. In this light, clients bear similarities to consumers of “normal” goods and services. An underlying assumption is that these consumers of sexual services are in (most) other respects law abiding citizens. Civil Libertarians Civil libertarians groups would advocate the freedom of a female (or male) to be free to use their body as they see fit and sell sexual services for money under the proviso that the transaction is consensual and not coerced. Feminist Groups Feminist groups for the most part would like to see the end of prostitution as they view prostitution as one of the areas of exploitation and unfair treatment of females. There is a slight contradiction in their objective, in that if a women should have the right to control her own body – such as the prerogative to have an abortion for example – then following this logic she ought to also have the right to sell sexual services for money under consensual conditions absent of duress or coercion.

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Social Service Agencies The mandate of most social service agencies is to keep prostitutes from harm and physical violence and exploitation (especially street workers) and improve the sex workers quality of life in general, such as in the areas of health, education, self sufficiency etc. Government The various levels of government would be concerned with balancing the competing interests of the various stakeholder groups.

RESEARCH ON PROSTITUTION IN CANADA
In the late 1970s and early 1980s, public and police concern increased with respect to street prostitution in major Canadian cities and a multitude of studies were conducted. The federal government convened two committees with the purpose (among other objectives) with providing a general picture of the prostitution trade in Canada and recommendations for reform of social and legal policy relating to it. The mandate of the Committee on Sexual Offences against Children and Youth (Badgley Committee, 1981) was "to enquire into the incidence and prevalence in Canada of sexual offences against children and youths and to recommend improvements in laws for the protection of young persons from sexual abuse and exploitation" as well as to examine the problems of juvenile prostitution. Adult prostitution was the purview of the Special Committee on Pornography and Prostitution (Fraser Committee, 1983). Its mandate was to describe pornography and prostitution and the laws regulating them in Canada, to review law in various other

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countries, to hold public meetings and take submissions about problems associated with pornography and prostitution, and to recommend solutions to the various problems identified. 11 Profiles of Prostitutes The data collected by the Federal Department of Justice for the Fraser Committee (1985) and for the evaluation of the street communication legislation (1988) are roughly similar in terms of sex workers' socio-demographics characteristics: Age: the mean age of prostitutes varies between 22 and 25, and the majority began their career between 16 and 20. Gender: women are the majority comprising between 67% and 90% of all prostitutes, depending on study site. Abuse: physical abuse is reported in a larger proportion (between 40% and 65%) than sexual abuse (28% to 44%). Economic Background: most sex workers come from "comfortable" family backgrounds, rather than from poor backgrounds. Choice: between 50% and 75% became involved in prostitution voluntarily, and between 50% and 70% work for themselves and not for a pimp. 12

Violence Against Prostitutes Street prostitution has always been a dangerous business. In 1984, the Badgley Committee noted that about two thirds of the street prostitutes interviewed had been
11

Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 57 - 58 12 International Conference on Prostitution and Other Sex Work, September 1996, University of Quebec at Montreal, http://www.walnet.org/csis/groups/when_sex_works/technotes1.html

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physically assaulted in the course of their work. In the cities of Vancouver, Calgary and Montreal, researchers were surprised by the recurrent accounts of prostitutes being confronted by armed assailants, stabbed, threatened, beaten up and robbed. In 1988 a Calgary study reported that one half of the prostitutes interviewed had been victims of sexual and physical violence. Interviews conducted in 1988 in Vancouver of women involved in prostitution suggest that street prostitution is generally more dangerous than off-street work. A much larger proportion of respondents working on the street reported that they were robbed, sexually assaulted, beaten, strangled, kidnapped, and were more likely to be involved in a situation where a weapon was used, or were the victims of attempted murder. In contrast, the highest incidence of off-street victimization included "refused condom," "threat/intimidation" and "general harassment." The same study found that 40% of the 65 sex trade workers interviewed carried a weapon while working on the street, whereas only 15% of the sample carried a weapon while trading sexual favors indoors. These figures indicates that prostitutes may place them and/or others at risk. 13 Findings of the Fraser Committee In 1985 the committee described prostitution as a social problem that required both legal and social reforms. Hearings conducted indicated that the issue of street prostitution divided the Canadian public. Groups that included municipal officials, police, and citizen groups felt that the Criminal Code ought to be strengthened to control street prostitution. This was in contrast to civil libertarians, women’s groups and social service agencies who were in favor of some form of decriminalization. The committee
13

Department of Justice, Report and Recommendations in respect of Legislation, Policy and Practices Concerning Prostitution-Related Activities, 1998, http://www.justice.gc.ca/en/news/nr/1998/toc.html

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argued that it was the "contradictory and often self-defeating nature of the various Criminal Code sections relating to prostitution" that led to an increase in street prostitution. Even though prostitution is legal, the law could be used against it in most venues and/or situations. The committee held that if prostitution is indeed legal, then the issue of "where" and "when" it can occur should be addressed. 14 The government chose not to follow the direction proposed by the Fraser Committee and repealed the soliciting law with the “Communicating for the Purpose of Prostitution” law which was primarily aimed at dealing with street prostitution. The committee took the view that the law could play only a minor role in long-term social policy on prostitution. The government's response should involve policies designed to remove the economic and social inequalities between men and women that makes prostitution a viable occupational choice for some people. The committee recommended sweeping changes to prostitution law in order to make it logically and philosophically consistent. The committee argued that if prostitution itself is to continue to be legal in Canada, the legislation ought to be designed in a manner so that prostitutes can conduct their trade legally. While following this line of reasoning and rejecting criminalization as either a workable or philosophically acceptable option, the committee recommended a blend of decriminalization and legalization and argued: 1. bawdy house laws be changed to allow one or two prostitutes to work out of a private residence;

14

Department of Justice, Report and Recommendations in respect of Legislation, Policy and Practices Concerning Prostitution-Related Activities, 1998, http://www.justice.gc.ca/en/news/nr/1998/toc.html

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2. provincial governments be empowered to license small-scale prostitution establishments; 3. street prostitution be controlled by a law that would criminalize definable prostitution-related nuisances; 4. the living on the avails law, because of its paternalistic overreach, should be revised to apply to coercive or threatening behavior only.15 Findings of the Badgley Committee The opinion of the Badgley Committee with respect to youth prostitution was although juvenile prostitutes were as much victims as they were offenders, the only way to "help" them was to categorize them as offenders in order that they could then be treated as victims. The committee thus recommended criminalizing juvenile prostitutes so that they could be "saved." The Fraser Committee rejected this approach on the premise that it did not subscribe to the belief that youths should be criminalized for an activity that is legal for adults, which is one of the main principles underlying the Canadian Young Offenders Act. Nevertheless, both committees agreed that the actions of customers of youths should be criminalized. The government subsequently acted on this recommendation. 16 Reaction of the Government to the Findings of the Committees The reaction of the government was twofold. Firstly, it enacted a law against the customers of juvenile prostitutes and increased sentences against persons who pimp youths. Secondly, the government reformed the prostitution law (against the
15

Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 78 - 79 16 Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 79

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recommendations of both the Badgley and Fraser committees) with the effect of revising the street prostitution statute with the purpose of making it easier to enforce. With this legal change, and without any other kind of economic or social policy initiative, the Canadian government consolidated its commitment to the backdoor criminalization of prostitution and entrenched the contradictory structure of Canadian prostitution law. This was done in spite of public opinion survey findings that a substantial proportion of Canadians are prepared to tolerate prostitution in private premises. 17

POLICY OPTIONS
The history of prostitution in Canada and other countries suggests that it is an activity that is quite impervious to efforts to suppress it. The majority of perspectives argue that the ultimate goal is for society to be rid of prostitution. Prostitution can be viewed as a "social evil", a source of neighborhood decay or, a general public nuisance (especially in residential areas). Prostitution represents an extreme form of turning women into commodities and objects from the socialist and feminist perspectives. Troubling for the feminist camp is that prostitution on the one hand is sexual exploitation and thus ought to be eliminated. On the other hand, if women ought to be allowed to control their own bodies, then they ought to have the right to prostitute themselves. 18 While there are a number of different approaches to address the issue of prostitution – criminalization, decriminalization, legalization (either regulated or deregulated) it seems clear that a main concern is to keep prostitution invisible (as demonstrated by the objectives of the “public nuisance” laws). Whether the objective is
17

Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 79 18 Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 77

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to eradicate prostitution or tolerate it, Canadians do not wish to be reminded of its existence. Thus it appears that the insistence on invisibility has in the past and will continue to be in the foreseeable future an overriding in any policy decision that addresses prostitution. 19

A. CRIMINALIZATION
Under criminalization all forms of prostitution are criminalized. Canada practices a form of criminalization in that while prostitution is legal in theory, all forms of practicing prostitution, such as the public communication for the purpose or prostitution; or most forms of indoor prostitution including owning, running, transporting and occupying a bawdy house; and procuring and living off the avails of prostitution are prohibited by the Criminal Code. The premises underlying this approach are that prostitution has no intrinsic social value and that it can be eliminated via vigorous enforcement of criminal law. 20 Interestingly enough there appears to be an inconsistency in this approach of focusing on either strengthening the laws or more vigorous enforcement given that the Fraser Committee’s whole purpose was to argue against this strategy. Similarly the Badgley Committee argued that: “the effects of legislative amendments focusing primarily on the public manifestations of (prostitution) might serve the narrow purpose of "clearing the streets," but their enactment would likely achieve little more than having the effect of displacing or diverting most or all of these activities to being performed in out of sight private
19

Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 20 Reanda, L., "Prostitution as a Human Rights Question: Problems and Prospects of United Nations Action" (1991) 13 Human Rights Quarterly, p 202 - 203

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locations. In the instance of juvenile prostitutes, such a shift in locale would not likely dissuade them from continuing in this line of work, would make their detection by law enforcement authorities more difficult, and would increase the opportunities for their exploitation by pimps.” 21 It can be argued that criminalization fails to address the issues of prostitutes as an important stakeholder group and failing with respect to the policy objective of protecting prostitutes from exploitation and harm (from third parties). The focus of Section 213 (communicating for the purposes of prostitution) is to protect the public from the negative effects of prostitution (especially street prostitution). An unintended outcome of this law has the effect of endangering prostitutes, thus defeating the objectives of Section 210 – 212 (procuring, living off the avails, bawdyhouse offences). In the criminalization model, sex workers will have a greater incentive to avoid detection by authorities and be less concerned with health and safety in the context of working conditions given the broad definitions of “communicating” and “public place” as per the Criminal Code. 22 Street workers will have little time to assess the suitability of potential customers thus increasing the risk of assault and less control over the entire transaction, which may put them in a position of not using a condom. If a criminal record results for the prostitute, then the economic options for finding other employment is adversely impacted. Relatively increased levels of stress may lead some workers to cope with alcohol or drugs thereby further worsening the situation. Furthermore, prostitutes

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Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 80 22 Section 213(1) (a-c) communicating includes anything which affects or attempts to affect pedestrian or vehicular traffic AND Section 213(2) -- the definition of "public place" includes any place to which the public have express or implied access, and any motor vehicle located within public view.

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who move indoors to avoid detection by police become subject to the bawdy house laws.23 The criminalization model makes it difficult for prostitutes to leave the streets (and prostitution). Therefore, the most the public can expect from criminalization is for it to operate as a control on where street prostitution is practiced. However, in order to keep prostitution out of certain areas it must be allowed in others. This contention is supported by fact that Section 213 (communicating for the purposes of prostitution) was only successful in changing the location of street prostitution where it was used in a discretionary fashion. Even today it is evident that there are unofficially sanctioned areas in major cities where street prostitution exists perhaps because police unofficially allow it or because the particular locale does not command enough political clout to effect change. 24

STAKEHOLDERS REVISITED
With respect to the stakeholder groups of prostitutes, the community and the clients of prostitutes, the criminalization model possesses some shortcomings. With respect to sex workers it would appear that their profession of choice is stigmatized and they are unable to ply their trade freely and without harassment from the authorities and are indeed marginalized by society at large. Street workers especially, face considerable risk in their line of work. With no clear place where they can practice which is both safe

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Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 24 Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization

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and accessible to clients, prostitutes will continue to push the envelope of societal tolerance as they try to survive. 25 With respect to the community, while criminalization legislation serves to protect the public from the “nuisance” factors related to prostitution, success in eradicating street prostitution (the major source of “nuisance”) is a function of how police exercise the enforcement of the relevant laws. So this paper would suggest that by and large most communities are free from the “nuisance” factors of prostitution with the exception of the few areas in cities where street prostitution is implicitly allowed to exist to some degree. Clients of prostitutes in general do not seem to be well served by the current model in that they along with prostitutes are unable to conduct their transactions in an open transparent fashion and instead in a clandestine manner. Furthermore, issues as variety, quality, value, and discreetness, cleanliness, and avoidance of STDs are not adequately addressed.

B. DECRIMINALIZATION / LEGALIZATION WITH REGULATION
The term decriminalization in the context of prostitution is used to describe a model under which the laws against prostitution are removed – in whole or in part. Decriminalization is usually used to refer to total decriminalization. 26 This would include those offences dealing with the exploitation and coercion of prostitutes and is advocated by prostitutes’ rights groups and some feminists.

25

Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 26 http://www.faqs.org/faqs/alt-sex/prostitution/issues/

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Most references to the term legalization in the context of prostitution refer to any system that specifically allows some prostitution. Many (or most) societies that allow legal prostitution do so by giving the state a degree of control over the lives and businesses of those who work as prostitutes. Legalization has included special taxes for prostitutes, restricting prostitutes to working in brothels or in certain zones, licenses, registration of prostitutes and government records of individual prostitutes, and health checks. 27 Legalization / decriminalization in conjunction with effective regulation of prostitution would bring clear economic benefit for governments. A tax on the fee charged by a prostitute, and the imposition of income tax on the earnings of prostitutes would generate revenue. A similar argument could be made for brothels. One of the most obvious and understandable arguments in favor of the legalization and/or decriminalization of prostitution is that prostitution can be viewed as a business-oriented relationship centered in the exchange of money for a service. It can be regarded as an entrepreneurial endeavor, with all the advantages that self-employment offers. It is conceivable that some may view prostitution as fulfilling the vocational wish to provide for oneself and work with people as are other occupations. 28 The decriminalization / legalization approach seeks to affirm the place of prostitutes in the community by removing (at least) the legal distinction between prostitutes and the rest of society. Proponents of this approach feel specialized treatment merely reinforces the marginalized position of prostitutes and in fact reduces rather than increases either their quality of life or their chances to leave the profession should they

27 28

http://www.faqs.org/faqs/alt-sex/prostitution/issues/ Geis, G., Not the Law's Business: An Examination of Homosexuality, Abortion, Prostitution, Narcotics, and Gambling in the United State. New York, Schoken Books, 1979.

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wish to do so. 29 It should be noted that when we speak of decriminalization or legalization of prostitution it is within the context of consensual adult sexual activity. The Fraser Committee rejected complete decriminalization for a number of reasons: 1. The majority of the committee was not satisfied that the more general provisions of the law provisions were adequate to take account of "the relational exploitation which is apparent in prostitution. Offenses such as assault, kidnapping and extortion tend to concentrate upon single incident criminality.” 2. Removing all mention of prostitution from the Criminal Code might give the impression that the government endorses the exploitation of prostitutes. 3. Without further discussion between "the various levels of government" there would be no guarantee that provinces and municipalities would not be resistant to creating regulatory regimes to "replace the present complex of criminal law provisions." 30 When the section pertaining to the “living off the avails of prostitution” law (Section 212(1) j) is compared with the extortion law (Section 346) (see Exhibit 1 for relevant sections of the Criminal Code), there is little difference between the two provisions except the reference to the financial earnings of prostitution. The Fraser Committee mentioned the unique "relational" aspects of exploitation of prostitution as precluding the effective use of the general criminal laws, but it is unclear what is meant by that. If the committee meant that abuse or exploitation of prostitutes is unusual in that the abuse is ongoing rather than a single, isolated incident of abuse, this does not
29

Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 30 Special Committee on Pornography and Prostitution (The Fraser Committee), Pornography and Prostitution in Canada (Ottawa: Department of Supply and Services, 1985) p 376

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preclude the use of Section 346 (extortion), Section 265 (assault) or Section 279 (kidnapping) of the Criminal Code (see Exhibit 1). The extortion provision is not limited to one time occurrences as evidenced by its use of plurals - "threats, accusations, menaces". The same can be said for the assault or kidnapping provisions which allow for multiple charges to be laid. 31 Abortion, adultery and attempted suicide are all absent from the Criminal Code and it does not logically follow that the government is endorsing their abortion, adultery or attempted suicide. In the case of attempted suicide and adultery, at least, their absence can be construed as a sign that government believes such matters are not appropriate for the purview of criminal law. In fact, the trend for the past half century has been to move away from legislating morality. 32 Lord Wolfenden’s Committee, whose report in 1963 formed the basis for British law reform on prostitution argued: “[the function of the criminal justice system is] to preserve public order and decency, to protect the citizen from what is injurious or offensive and to provide safeguards against the exploitation and corruption of others, ... It is not, in our view, the function of the law to intervene in the private lives of citizens, or to seek to enforce any particular code of behavior, further than is necessary to carry out the purposes of what we have outlined.” 33 On a practical note it would seem that perception of the government’s action as well as of the term “decency” can be construed in different ways and quite subjectively by various categories of Canadians indicating there is at least some merit in the Fraser
31

Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 32 Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 33 Lord Wolfenden (1958), Soliciting for Change (Nottingham: Josephine Butler Trust, 1993) p 10

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Committee findings on the point of the perception of the government endorsing the exploitation of prostitutes. The Fraser Committee’s third reason for rejecting decriminalization is significant since local support can easily subvert legislative intentions. There are many examples of municipalities utilizing laws other than those specifically directed at prostitutes to constrain prostitution. Examples include France and New South Wales, Australia, which both went through periods when street solicitation was decriminalized. General nuisance laws were used to such an extent that arrest rates of street prostitutes equaled those made when street solicitation was illegal. For example, in France (1987) Articles R34 ("public display conduct likely to lead to debauchery") and R40 ("penalizing anyone who publicly solicits a person of either sex in order to incite them to debauchery") of the French Penal Code were used to control street solicitation. Although clearly aimed at prostitutes, these were technically general morality laws presumably because no mention of payment for sex was mentioned. Local authorities were able to constrain prostitution with general provisions. 34 Municipalities employed such creative strategies as traffic diversion schemes, changes to street lighting, and attempting to deprive prostitutes of water, electricity and phone service. 35 More mundane methods of zoning by-laws to control prostitution have also been employed. For example in New South Wales, Australia in the early 1980s, although it was considered legal for individual prostitutes to operate out of their residences, municipal councils enacted by-laws which prohibited commercial

34

Scibelli, P., "Empowering Prostitutes: A Proposal for International Legal Reform" (1987) 10 Harvard Women's Law Journal p 149 - 150 35 Lord Wolfenden (1958), Soliciting for Change (Nottingham: Josephine Butler Trust, 1993) p 8 - 9

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activities in residentially zoned areas, or where there was a contravention of the zoning regulations in the Environmental Planning and Assessment Act. 36

A MODEL FOR LEGALIZED PROSTITUTION - QUEENSLAND AUSTRALIA
To regulate prostitution in Queensland, the Prostitution Act 1999 was implemented and is overseen by the Prostitution Licensing Authority. The legislation was introduced to regulate the sex industry with two themes in mind: rights based public health and corporate governance. Rights-based public health has the practical aim of ensuring equity for all citizens in access to health care and to the conditions that promote health, including health in the workplace. The driving force of corporate governance is to ensure that what we do in public life is open and transparent, regardless of the type of industry or the social context in which it operates. 37 A study conducted by the Prostitution Licensing Authority, the University of Queensland and the Queensland University of Technology in 2003 (Selling Sex in Queensland 2003, A Study of Prostitution in Queensland) reported findings in the three areas of: 1) the sex worker, 2) the client, and 3) the community. The Sex Worker Of the 216 women interviewed, 101 worked in legal brothels, 82 were working privately (mainly as sole operators), and 33 were street-based prostitutes. Their ages ranged from 19 to 57 years of age (see Exhibit 2) and over half had at least one child and
36

Davis, S., Prostitution in Canada: The Invisible Menace or the Menace of Invisibility? 1994 http://www.walnet.org/csis/papers/sdavis.html#criminalization 37 Selling Sex in Queensland 2003, A Study of Prostitution in Queensland, pg 8 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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about one-quarter were either married or living in a long term relationship (see Exhibit 3) and had a university degree. Most women stated that they entered the industry for money among other reasons (flexible working hours, pursuit of a personal financial goal) while a significant minority of street workers took up sex work to pay for illicit drug use (see Exhibit 4). 38 In general, most women had good knowledge of the legal requirements of the sex industry. Most perceived advantages to working in legalized brothels such as good security and working conditions, and the company and support of other workers. Those working privately and on the street viewed legal brothels as unattractive mainly as a result of the perception that they would have to share income with the owners. Legal brothels and private workers appeared satisfied with their occupation while street workers were mostly dissatisfied (see Exhibit 5). 39 The general health of the workers was comparable to the general female population. Mental health was somewhat poorer and especially in street workers (see Exhibit 6). As a whole, the use of legal and illicit drugs clearly exceeds those in the general population. The real distinction is between street workers, who report problematic consumption of numerous drugs and brothel and private workers. 40 With respect to sexual and physical violence, women working in legal brothels had a very low risk of being raped or struck by a client; private workers experienced slightly more violence with street workers and street workers bore the brunt with greater than 50 per cent having been raped or assaulted (see Exhibits 7 and 8). Most workers
38

Selling Sex in Queensland 2003, A Study of Prostitution in Queensland, 12 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf 39 Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. Pg 12 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf 40 Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. Pg 13 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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indicated they would report any incident of rape or assault. Street workers as a group were more reluctant to report incidents citing a mistrust of the legal system and experiences with police harassment, while the opposite held for brothel workers. The legislation appears to have been effective in promoting the health and safety for most female workers. Legal brothels appear to offer benefits for both women and clients with a fairly low risk for health problems and violence. The legislation did not address issues related to private workers and street workers did not benefit materially from the change in legislation. In actuality the sex trade can be described as two sex industries, in which only the workers in one industry (off-street) are being protected. 41 The Client 200 male clients were interviewed and most were between the ages of 24 – 44. Clients were likely to be single and a substantial proportion either divorced or separated. Most clients purchased sexual services between once a month and once every few months. Clients of private workers more often preferred “exotic services” in relation to the commonly purchased services (in order) of vaginal sex, oral sex (no ejaculation), and hand relief. The majority of clients reported not having a regular partner. The quality of the relationships of those clients with a regular partner appears to be poorer when compared to the general male population. Generally the clients of brothels were less likely to report incidents of Sexually Transmitted Infections (STI). The rates of legal and illegal drugs for clients were generally higher than the general male population. 42

41

Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. Pg 14 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf 42 Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. Pg 14 – 15 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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The Community 1,207 surveys were sent out with a response rate of 39.6 per cent. There was universal agreement that prostitution exists in Queensland from those living in an area where a brothel was located and those who did not. People living in proximate areas to brothels clearly noticed their operation and perceived that prostitution was more widespread than those people who lived in an area without a brothel. The majority of respondents reported that the operation of brothels had no impact on their business or personal activities with 0.8 per cent of respondents reporting an impact (see Exhibit 9). Most respondents supported a process by which sex workers would be licensed and registered. As a whole, respondents were not against the availability of prostitution; but reject its public visibility. The presence of brothels in the affected geographic areas did not create a negative response to their operation (se Exhibit 10). Respondents with strong spiritual beliefs tended to be more negative about the morality of the sex industry. Those without strong religious convictions tended to be less negative about the morality of the sex trade. Overall, community attitudes towards prostitution are supportive as long as the activities used to attract clients do not impact on the public amenity of an area. 43

STAKEHOLDERS REVISITED
With respect to prostitutes as a stakeholder group, by allowing prostitution and regulation thereof, sex workers will have more flexibility and freedom to practice prostitution without harassment by authorities. Furthermore, the stigma attached to their occupation would likely decrease. Better working conditions and education and support as well as some input into policy would be welcome. While those sex workers protected
43

Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. Pg 15 http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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under legislation would accrue some benefits it would seem that the situation of street workers may not be significantly improved. If effectively regulated the community may still avoid much of the nuisance effects of prostitution and would likely have input into local zoning, by-laws, licensing. It would seem that with respect to issues related to street prostitution criminal law regulating it would be replaced by other laws and how much more effective they would be remains unanswered except in the case where by effectively regulating prostitution reduces the incidence of street prostitution. (Otherwise law abiding) clients of prostitutes would benefit from a form decriminalization or legalization with effective regulation in the form of improved conditions for conducting transactions, and a more structured system in which to purchase sexual services.

INDIVIDUAL PERSPECTIVES ON PROSTITUTION
A number of individuals were willing to offer their opinions or experiences as they related to prostitution.


Lawyer One: “The law is too gray … the system is too wishy washy … the law should take a clear position [on prostitution] - either make it more transparent and properly regulate it, such as they do in Amsterdam or abolish prostitution and enact the required legislation and enforce the law. [I’m] not sure whether there would be more people harmed than helped. Prostitutes are marginalized by society and are placed at a disadvantage.”



Former RCMP officer: “Prostitution should be brought out into the open and regulated accordingly. [I think] this would make it safer for the prostitutes in terms of

30

a safer working environment and hopefully reduce the incidence of violence against them [prostitutes]. Everybody could benefit in terms of better clarification and less misunderstandings.”


Toronto Police Officer in Patrol Car: “I don’t really have an opinion … I’m not that familiar with that [the current model of regulation of prostitution in Canada]. [I’ve] never arrested anyone for prostitution and it would be pretty hard/difficult to catch someone in the act of soliciting for prostitution … if you’re driving and you see two people talking on the street how can you know for certain that soliciting is going on?”



Lawyer Two: “I haven't had a case in this area for quite a few years so I must admit my comments may be dated. The law in this area is that prostitution is, in fact, legal. Anyone can charge money for the performance of the sexual act; but it is illegal to solicit or communicate for these services in public. That’s the crime [communicating for the purpose of prostitution]. So in Canada it is legal to do it; just not talk about it! What was happening on the streets was that the police were selectively enforcing the prostitution / solicitation laws so the majority of prostitutes were not charged. Those that were charged generally pled guilty at the earliest opportunity and were given discharges on first conviction and fines for subsequent offenses. The result was that the police became not only the investigators, but also the judge and jury as well since arrest and conviction amounted to the same thing. Prostitutes have lost all legal rights in practical terms as judges, prosecutors and juries have the duty to fairly evaluate the evidence prior to conviction; police have no such obligation. In that context legislation could be improved upon.”

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Conclusion
Canada is home to a diverse community that has competing needs, interests, expectations and experiences. Therefore it is essential we as Canadians do not regard ourselves as being so innocent, moral and righteousness as to deny that there are subjects such as prostitution that need to be tackled by the different levels of government in an innovative, open and transparent manner. The problem of prostitution can be viewed as - until legislation is designed in such a way that it offers guidance about where prostitutes can work, efforts to eradicate the street trade will probably be ineffective and discriminatory and do little to protect either residents from nuisance or prostitutes from violence. 44 In this light it seems that given the ambiguity and the inherent contradiction in the current model of prostitution regulation (i.e. the criminalization model) that it can be construed to be ineffective in its two major policy objectives of 1) the protection of prostitutes from exploitation and harm (from third parties) and 2) the protection of the public from the “nuisance effects” of prostitution. Following from this line of reasoning either some form of decriminalization or legalization in conjunction with effective regulation that serves to balance the interests of stakeholders would be preferred to the current model of regulation. Through effective regulation in the short-term and addressing the fundamental problems (through social policy initiatives)concerning the people who practice the

44

Nanette J. Davis; Prostitution: An International Handbook on Trends, Problems, and Policies, Greenwood p 80

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profession in the longer-term, a better compromise may be found between prostitutes and the communities in which they operate and the general public.

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EXHIBIT 1 CRIMINAL CODE SECTIONS 197, 198, 199, 210, 211, 212, 213, 265.
Disorderly Houses, Gaming, and Betting 197. (1) In this Part, "bet" means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; "common bawdy-house" means a place that is (a) kept or occupied, or (b) resorted to by one or more persons for the purpose of prostitution or the practice of acts of indecency; "common betting house" means a place that is opened, kept or used for the purpose of (a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or (b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; "common gaming house" means a place that is (a) kept for gain to which persons resort for the purpose of playing games, or (b) kept or used for the purpose of playing games (i) in which a bank is kept by one or more but not all of the players, (ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place, (iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or (iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; "disorderly house" means a common bawdy-house, a common betting house or a common gaming house; "game" means a game of chance or mixed chance and skill; "gaming equipment" means anything that is or may be used for the purpose of playing games or for betting; keeper" includes a person who (a) is an owner or occupier of a place, (b) assists or acts on behalf of an owner or occupier of a place, (c) appears to be, or to assist or act on behalf of an owner or occupier of a place, (d) has the care or management of a place, or (e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; "place" includes any place, whether or not (a) it is covered or enclosed, (b) it is used permanently or temporarily, or (c) any person has an exclusive right of user with respect to it; prostitute" means a person of either sex who engages in prostitution;

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"public place" includes any place to which the public have access as of right or by invitation, express or implied. (2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition "common gaming house" in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if (a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and (b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a license issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof. (3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused. (4) A place may be a common gaming house notwithstanding that (a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere; (b) the stake that is played for is in some other place; or (c) it is used on only one occasion in the manner described in paragraph (b) of the definition "common gaming house" in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph. Presumptions 198. (1) In proceedings under this Part, (a) evidence that a peace officer who was authorized to enter a place was willfully prevented from entering or was willfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house; (b) evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be; (c) evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and (d) evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to have been an inmate or to have been found in that house at the time the person committed the offence of which he was convicted, in the absence of any evidence to the contrary, proof that the house was, at that time, a disorderly house. (2) For the purpose of proceedings under this Part, a place that is found to be equipped with a slot machine shall be conclusively presumed to be a common gaming house. (3) In subsection (2), "slot machine" means any automatic machine or slot machine

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(a) that is used or intended to be used for any purpose other than vending merchandise or services, or (b) that is used or intended to be used for the purpose of vending merchandise or services if (i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator, (ii) as a result of a given number of successive operations by the operator the machine produces different results, or (iii) on any operation of the machine it discharges or emits a slug or token, but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine. Search 199. (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law. 2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law. (3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited. (4) No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until (a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or (b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings. (5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof. (6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206, 207 or 210 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.

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(7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication. Bawdy-houses 210. (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) Every one who (a) is an inmate of a common bawdy-house, (b) is found, without lawful excuse, in a common bawdy-house, or (c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house, is guilty of an offence punishable on summary conviction. 3) Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section. (4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence. Transporting person to bawdy-house 211. Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction. Procuring 212. (1) Every one who (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada, (b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution, (c) knowingly conceals a person in a common bawdy-house, (d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute, (e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada, (f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house, (g) procures a person to enter or leave Canada, for the purpose of prostitution,

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(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally, (i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or (j) lives wholly or in part on the avails of prostitution of another person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. (2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. (2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who (a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and (b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years. (3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1). 4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 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. (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. Assault 265. (1) A person commits an assault when

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(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault. (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defense, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief. Kidnapping, Hostage Taking and Abduction 279. (1) Every person commits an offence who kidnaps a person with intent (a) to cause the person to be confined or imprisoned against the person's will; (b) to cause the person to be unlawfully sent or transported out of Canada against the person's will; or (c) to hold the person for ransom or to service against the person's will. 1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. 3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force. 279.1 (1) Every one takes a person hostage who (a) confines, imprisons, forcibly seizes or detains that person, and (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued

39

with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage. (2) Every person who takes a person hostage is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (3) Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279. Extortion 346. (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done. 1.1) Every person who commits extortion is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life. (2) A threat to institute civil proceedings is not a threat for the purposes of this section. Source: Department of Justice Canada, http://laws.justice.gc.ca/en/c-46/text.html

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EXHIBIT 2 AGE OF RESPONDENTS BY SEX INDUSTRY SECTOR

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

EXHIBIT 3 MARITAL STATUS BY SEX INDUSTRY SECTOR

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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EXHIBIT 4 REASONS PROVIDED FOR STARTING IN SEX TRADE INDUSTRY BY CURRENT SECTOR

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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EXHIBIT 5 JOB SATISFACTION BY CURRENT TYPE OF WORK

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

43

EXHIBIT 6 COMPARING THE SELF REPORTED HEALTH OF FEMALE SEX WORKERS WITH AGE-MATCHED WOMEN FROM THE GENERAL POPULATION

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

44

EXHIBIT 7 PROPORTION OF RESPONDENTS REPORTING EVER HAVING BEEN RAPED OR BASHED BY CURRENT TYPE OF WORK

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

EXHIBIT 8 NUMBER OF RESPONDENTS REPORTING EVER HAVING BEEN RAPED OR BASHED BY CURRENT TYPE OF WORK

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

45

EXHIBIT 9 RESPONDENTS BELIEFS ABOUT WHETHER A BROTHEL HAS AFFECTED THEIR BUSINESS OR PERSONAL ACTIVITIES IN AREAS WITH OR WITHOUT BROTHELS

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

EXHIBIT 10 RESPONDENTS ANSWERING ‘YES’ TO A SERIES OF QUESTION ABOUT SEX WORK

Source: Selling Sex in Queensland 2003, A Study of Prostitution in Queensland. http://www.pla.qld.gov.au/pdfs/advertising/PLA_sex_in_qld_complete.pdf

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