Prostitution is not defined in the Criminal Code which means that the definition of prostitution is understood through case law. Generally, prostitution is understood to be the exchange of sexual services for money or goods.
Three elements must be met in order for someone to characterize an act as prostitution:. With the passing of Bill C, it is illegal to purchase or advertise sexual services and to live on the material benefits of sex work in Canada. As a result of the decision in Bedford , the following sections of the Criminal Code were struck down:. A common bawdy house is a place that is used for prostitution.
Given that all three of the above-aforementioned sections were deemed unconstitutional, the Parliament of Canada was provided 12 months to rewrite the prostitution laws. The amending legislation came into effect on December 6, , and Bill C made the purchase of sexual services in Canada illegal.
The relevant criminal code sections in relation to prostitution are the following:. If you are facing solicitation charges, you need a criminal defence lawyer to look at your case as soon as possible. A conviction can carry serious penalties including expensive fines and jail time. Bill C seeks to protect the dignity and equality of all Canadians by denouncing and prohibiting the purchase of sexual services, the exploitation of the prostitution of others, the development of economic interests in the sexual exploitation of others and the institutionalization of prostitution through commercial enterprises, such as strip clubs, massage parlours and escort agencies that offer sexual services for sale.
Bill C contains prostitution and human trafficking-related amendments, specifically in relation to:. Learn about precharge legal advice and how it can help you to avoid being charged with a criminal offence in the first place.
