This is the reproduced Canada Escorts Laws article by Bianca

The Calgary Escort Laws FAQ

This is The Calgary Escort Laws FAQ article by Bianca Blair (all copyright remains with Bianca Blair). Don't forget to check out Bianca's Twitter Account at the link above!

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Is this really legal?

Yes. Working as, or hiring, an escort is completely legal in Canada.

When you hear about people “getting arrested” for working as escorts, it’s actually for something completely different …like running an in-call location out of their house (illegal), providing the services of other escorts for their clients (illegal), or soliciting customers in public places (illegal).

If you’ve read through the entire FAQ section on my website, you’ve probably noticed that I’ve been very careful to avoid offering to do any of these things.

That’s not a coincidence.

For the safety of myself and my customers, I respect the law.

For really good write-up on Escort Laws in Canada, have a look at this information;

DISCLAIMER: I AM NOT A LAWYER. THIS ARTICLE IS MY PERSONAL OPINION ON CANADIAN ESCORT LAWS, NOT PROFESSIONAL LEGAL ADVICE.

The next time you’re sitting in a bar with a bunch of friends that don’t know anything about the escort industry, try cutting in with “Hey, did you know that escorts are completely legal in Canada?”

The reaction from noobs is absolutely priceless.

Hiring an escort (or a courtesan, a hooker, or a call-girl, or a prostitute) or working as one, has been legal in Canada since before Canada was a country. But, starting in 1839, the Canadian government has passed a number of laws that make most of the activities surrounding prostitution illegal. When somebody says they’ve heard about people getting “busted” for hiring an escort, this is what they’re really talking about.

If you work with escorts in Canada, it’s important that you know your legal rights and understand Canada’s escort laws. Otherwise people that don’t necessarily have your best interests in mind will use the fear of arrest to manipulate you, even if you aren’t doing anything wrong.

This series of Canadian escort law FAQ’s covers everything you need to know to stay out of trouble when hiring Calgary escorts.

Canadian Escort Law – Avoiding Trouble Before It Starts

Prostitution has been legal in Canada since before Canada was called Canada. But, starting in 1839, our government has passed several laws that make many of the activities associated with prostitution illegal. When somebody talks about people getting “busted” for prostitution, this is what they’re really talking about.

As a provider working in Canada, it’s important you understand your legal rights. Otherwise people will use fear of arrest to intimidate and manipulate you, even if you’re doing nothing wrong.

Let’s get started!

Part #1 – The Basics

-The act of two consenting adults exchanging payment for sex, known as prostitution, is completely legal in Canada. You cannot be arrested for being a prostitute. Ever.

-Although it’s legal for you to work as a prostitute in Canada, it’s illegal for anybody else to help you. Third-party involvement in finding customers, operating your business, or taking any form of profit from your activities is a serious crime. The same laws can also be used against you. For example, it’s technically illegal for you to set up a duo with a client and another prostitute.

-Any type of in-call service is illegal in Canada, including renting a hotel room and using it as an in-call location. It is perfectly legal to see a customer at their hotel room, their home, or even their office.

-It is illegal for you to solicit customers in public places, such as approaching customers on the street or in nightclubs, or by posting stickers or flyers in public places. It’s completely legal for you to advertise your services in newspapers, in magazines, on the internet, and (in theory) even on television, as long as you don’t do it in a way that offends people.

-It is completely legal for you to discuss specific acts of sex for money in private. Private is defined as anywhere there is a reasonable expectation of privacy. This includes hotel rooms, private homes, email messages, on your land line, on your mobile phone, and even in text messages. Inside a car is not considered a private location, even if its in motion.

-Escort agencies avoid being prosecuted under Canadian law by never actually offering sexual services to their clients, even though everyone involved clearly knows better. In the eyes of the law, escort agencies are essentially “dating services”.

Part #2 – Bawdy Houses

Sections 197 and 210 of the Canadian Criminal Code make it illegal to operate any type of in-call location, legally known as a “common bawdy house”. The law covers any place that is kept, occupied, or regularly used by one or more persons for the purposes of prostitution. It could be taken to include a house, an apartment, a hotel room, or even a parking lot under the right conditions. Operating, living in, or even simply being caught inside a common bawdy house is illegal in Canada.

This means:

-It’s illegal to use your own home as an in-call location, even if its just you. [R. v. Ikeda and Widjaja, 1978]

-It’s illegal for you to see customers at another prostitute’s home if they use their home as an in-call location.

-It’s illegal for you to rent a hotel room and use it to see customers. [R. v. McLellan , 1980]

Although all three of the above situations are technically illegal, police departments rarely go after individual providers unless they receive a complaint. You’re unlikley to get in trouble if you keep things discrete.

-It’s definitely illegal to split an apartment with other prostitutes and all see customers there. In fact, all of you could get in trouble even if only one of you sees customers there.

-It’s absolutely, positively illegal to see customers at an in-call location that somebody advertises on Craigslist specifically as an in-call location.

On the other hand:

-It’s perfectly legal for you to go see a customer at their hotel room.

-It’s perfectly legal for you to see a customer at the customer’s home, or anywhere else they happen to be staying, as long as you’re reasonably certain the place is not regularly used for prostitution.

-It’s even legal to see a customer in their car, as long as you do it in a really, really private location that’s off public land.

Why do we need this law?

The common bawdy house law was created almost 150 years ago to stop enterprising escorts from terrorizing their neighbors. Think about it. How happy would you be if four prostitutes moved into the apartment beside you and went at it hardcore, seeing an endless stream of loud, low-class customers 24 hours a day. By making the prostitute go the customer instead of having all the customers come to the prostitute, it eliminates huge amounts of drama.

What happens if you break the law?

-Operating a common bawdy house is an indictable offense. It carries a maximum sentence of two years in jail and it goes on your criminal record. You have to wait 5 years before you can apply for a pardon.

-Living in, or being caught working inside, a common bawdy house is a “summary offense”. It carries a maximum sentence of 6 months in jail and/or a $2,000 fine. It goes on your criminal record, but you can apply for a pardon after 3 years.

- If you’re caught operating a common bawdy house, police are required to formally notify your landlord of your illegal activities. If you choose to continue your naughty behavior and get busted by the police again, the landlord can be charged as party to the offense. After receiving a common bawdy house notice from the police, many landlords will evict you.

Part #3 – Procurement

Section 212 of the Canadian Criminal Code covers a long list of activities collectively known as “procurement”. Procurement refers to taking somebody that’s not a prostitute and either forcing or enticing them to become one. It also covers things like managing their activities, driving them around, finding them customers, and living off any money they make.

Basically, section 212 makes it illegal to be a pimp, but these laws have important consequences for you as well:

-It’s illegal for you to help other people become prostitutes.

-It’s illegal for somone else to find customers for you when the work is of a sexual nature.

-It’s illegal for you to book calls for other prostitutes –as can happen when you have a customer that wants two prostitutes, so you call up another prostitute and invite them along. [R. v. Babcock, 1974]

-It’s illegal for a driver you hire, or even just a friend, to knowingly take you to a common bawdy house. (In-Call location)

-If you share your home with a boyfriend or roomate, especially if they’re one of those lazy, stoner-types that doesn’t have a steady job, the police could technically go after them under the “living on the avails” part of the section 212. Although this rarely happens, it can be a great way to motivate a slacker roomate. You, on the other hand, cannot be prosecuted for “living on the avails” of your own prostitution income. [R. v. Downey, 1992]

Why do we need this law?

Canada’s procurement laws are intended to prevent the exploitation of prostitutes by “pimp” type characters. Without these laws, prostitutes could find themselves trapped in what would essentially be a sexual slavery situation.

What happens if you break the law:

-Procurement is an indictable offense. It carries a maximum sentence of ten years in jail and it goes on your criminal record. You have to wait 5 years before you can apply for a pardon.

Part #4 – Solicitation

Solicitation means getting people to hire you. Section 213 of the Canadian Criminal Code makes it illegal to solicit cutomers in a public place, or a place that’s open to public view. Any form of communication, no matter how subtle, can be considered solicitation, including talking to people, handing out business cards, or even just waving at someone. It’s also illegal for customers to solicit you.

This means:

-It’s illegal for you to stand on the sidewalk and solicit customers in passing cars.

-It’s illegal for you to solicit customers in bars, nightclubs, or casions.

-It’s illegal for you to solicit customers in the lobby or hallways of a hotel.

-It’s illegal for you to discuss sex for money with somebody in a public place, even if they’re already your client. If you met a client through your website and you were having dinner with them at a restaraunt, it would be illegal to discuss business with them at the restaraunt.

-It’s illegal for you to discuss sex for money with somebody over your mobile phone, if you’re using your mobile phone in a public place.

-It’s illegal for you to post any kind of advertising material in a public place. For example, leaving business cards on bulletin boards, in phone booths, or on tables in nightclubs.

On the other hand:

-It’s legal to “discuss” sex for money via text messages or email while in a public place, because it is impossible for a third party to overhear you.

-It’s legal to discuss sex for money in a hotel room, no matter who rented it.

-It’s legal to discuss sex for money in your home, a customer’s home, or any other place not accesible to the public.

-It’s legal for you to advertise your services in newspapers, magazines, and on internet websites. You’re even allowed to list specific sex acts and how much you charge for them. That’s because newspapers, magazines, and the internet are neither “public” (you have to choose to read them) nor “places” (you cannot stand inside a magazine).

-It’s even legal for you to call up a complete stranger and talk them into hiring you, if you’ve got mad sales skills.

Why do we need this law?

Solicitation laws are intended to prevent neighborhoods from turning into “hooker strolls” but in practice they don’t work very well. This is a very dangerous set of laws that give police sweeping powers to arrest pretty much anyone they want. A person walking home after a night at the bar could be arrested for simply being in the wrong place at the wrong time, and then have to prove in court that they’re not a prostitute. Honestly, we don’t need this law.

What happens if you break the law:

-Solicitation is a “summary offense”. It carries a maximum sentence of 6 months in jail and/or a $2,000 fine. It goes on your criminal record, but you can apply for a pardon after 3 years.

Part #5 – Avoiding Trouble

The best way to avoid getting in trouble is not to break the law in the first place. Unfortunately, there are plenty of activities escorts do that could be interpreted either way, based entirely on how some lawyer argues them in court.

So you should always take precautions, even if you’re certain you’re not doing anything illegal.

Your first line of defense is to avoid attracting attention by being discrete in your activities, and only working with quality customers. Your second line of defense is to make it extremely difficult a for police to build a case against you by working alone and never talking about work in the presence of others. Your last line of defense is to deny police another “easy in” by not doing anything else that’s illegal -specifically, drugs.

We suggest the following:

-Offer out-call service only. It’s classier, it makes your neighbors happy, and it’s completely legal.

-If your financial situation forces you to offer in-call service, be discrete about it, and try to see as few clients as possible at your home.

-Never, ever, use a shared in-call location or share a residence with other prostitutes.

-Never offer duos to new customers. A particularly mean police ”sting” tactic is to have a male police officer call up a prostitute, imply he wants to have sex with two girls, and then ask the prostitute if she can “bring a friend”. If the prostitute shows up with that friend, she’s guilty of procurement and can face serious charges. Offering duos in your advertisements could also be considered procurement. One way to avoid getting in trouble if you still want to offer this service is to add something like “customer has to supply the other girl” to your postings.

-Don’t do drugs at home, don’t let friends do drugs in your home, and don’t do business with clients that use drugs. It’s often much easier for the police to prosecute you for having drugs in your house than it is for them to prosecute you for seeing clients at your house. A drug conviction only requires having illegal substances on the property. A “bawdy house” conviction requires at least one witness that saw you servicing clients at your home on a regular basis, which can be extremely difficult to find if you’re the only one working there.

-Don’t talk “shop” with randoms, especially if they start the conversation. Police officers routinely pose as bar staff, taxi drivers, and tourists to gather evidence. They’re not usually targeting prostitutes, but if you give them an easy conviction, they’ll take it.

-Don’t promote your services in public areas, and don’t discuss business in public places. Start your own website and use it as a home base for your promotions. Advertise yourself in newspapers, magazines, and online escort sites, directing clients to your website.

-Get in. Make your money. Get out. It’s much better to dedicate yourself to your work for a two years and then, say, start a tanning salon, than it is to constantly juggle friends, working as an escort, and some other lame job.



The above text is from Bianca Blair, copyright 2010