Canada

The Legal Status of Prostitution in Canada

Canada’s legal response to prostitution has been to criminalize various activities associated with prostitution, though prostitution itself has never been illegal. Under the Criminal Code, the following activities have been prohibited:

• Running or occupying a bawdy house [section 210] Transporting a person to a bawdy house [section 211]
• Procuring or living off the avails of prostitution [section 212]
• Obtaining or attempting to obtain the sexual services of someone who is under the age of 18 in exchange for money, clothes, shelter, or anything else of value [section 212.4]
• All forms of public communication for the purposes of prostitution [section 213]

This model is referred to as a form of criminalization or prohibition because of the existence of legislation that forbids certain activities related to sex work. However, the actual activity of having sex for money is not illegal in Canada.

Municipal Laws

In addition to the federal laws that govern prostitution, various municipal by-laws regulate other aspects of the sex industry in various cities in Canada by the licensing of escort services, massage parlours, health enhancement centres and body rub parlours. Although a number of the activities associated with sex work are illegal in Canada, as described above, municipalities continue to license businesses where sex work may take place.

Canadian Laws Re: Trafficking- Bill C-49

Bill C-49 (CC Section 279.01 - 279.04) received royal assent on November 25, 2005. It provides new tools for the RCMP to combat TIP within Canada and gives provincial and municipal law enforcement the ability to enforce the new Criminal Code sections.

The bill created three new indictable criminal offences to specifically address trafficking in persons:

• the main offence, Section 279.01 "trafficking in persons," prohibits anyone from recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person, or exercising control or influence over the movements of a person, for the purpose of exploiting or facilitating the exploitation of that person (maximum penalty: life where it involves the kidnaping, aggravated assault or aggravated sexual assault or death of the victim and 14 years in any other case);
• a second offence, Section 279.02 prohibits anyone from receiving a financial or other material benefit for the purpose of committing or facilitating the trafficking of a person (maximum penalty: 10 years);
• and, a further offence, Section 279.03 prohibits the withholding or destruction of documents such as a victim's travel documents or documents establishing their identity for the purpose of committing or facilitating the trafficking of that person (maximum penalty: 5 years).