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In Canada, prostitution itself (exchanging sex for money) is not illegal, but most activities surrounding it (such as operating a brothel, being found in a brothel, procuring or soliciting in a public place) are illegal, making it difficult to engage in prostitution without breaking any law.
Although Canada is a federation, the criminal law applies throughout the country, so these laws are the same throughout Canada.
Soliciting in a public place is illegal (automobiles are considered public space if they can be seen). Running, owning or occupying a brothel is also illegal.
Private communication (telephone, internet, e-mail etc) for the purpose of prostitution is legal.
The exact number of Canadian prostitutes is not known. A survey from 2000 showed that 7% of Canadian men have paid for sex at least once in their life, compared to 18% of American men in 1994 and 15% of American men in 2004.
Legal status
The following activities are unlawful (the law applies throughout Canada):
- owning, running, occupying or transporting anyone to a bawdy house (ss. 210 and 211 ); a "bawdy house" means a brothel and is defined as "a place that is kept or occupied, or resorted to by one or more persons, for the purpose of prostitution or to practice acts of indecency"
- procuring or living on the avails of prostitution (s. 212 ),
- paying for sex from anyone under the age of 18,
- public communication for the purposes of prostitution (s. 213 ); a public place is defined as "any place to which the public have access as of right or by invitation..... and any motor vehicle located in a place.... open to public view"
- bringing someone to Canada to work as a prostitute,
- bringing someone from Canada to work as a prostitute outside Canada.
From the Canadian Criminal Code:
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. Landlord, inmate, etc. (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
213. (1) Every person who in a public place or in any place open to public view (a) stops or attempts to stop any motor vehicle, (b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or (c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.
Definition of “public place” (2) In this section, "public place" includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.
Prior to 1972 only women could be charged with working as a prostitute.
Prostitution in practice
Practicing prostitution without breaking any law is difficult in Canada.
Soliciting in a public place is illegal, enclosed places open to the public (eg. bars, clubs, massage parlors etc) are also considered public places.
A "bawdy house" (brothel) is defined as "a place that is kept or occupied, or resorted to by one or more persons, for the purpose of prostitution or to practice acts of indecency".
Illegal prostitution, however, does happen. Street prostitution is often connected to other illegal activities such as drug addiction, pimping, and criminal gangs. While authorities may "close their eyes" to escort or dating services which are fronts for prostitution, street prostitution is considered a serious problem.
Prostitution also happens in "massage parlors", "holistic centers", "saunas", and other similar establishments.
Prostitution is much more common in big cities than in small towns or rural places.
Vancouver
One city associated with prostitution is Vancouver. The authorities here have been more tolerant of prostitution (leading many to believe that some forms of prostitution are legal in the city, which is not true; the Canadian law applies all over Canada). Many "body rub parlours" are fronts for prostitution (however prostitution inside those places is illegal, under Canadian law such establishments are considered public places, and soliciting in a public place is illegal). Vancouver's milder climate also favours street prostitution. Vancouver has a serious problem with prostitution; a study estimated that 26% of Vancouver's female sex workers are infected with HIV, and Vancouver's overall prevalence of HIV is about 1.21%, six times higher than the national rate . Dr. Patricia Daly, chief medical health officer for Vancouver Coastal Health, has said, "Our message has always been that you should assume sex trade workers are HIV positive" . The remark was seen by some as offensive. Many are worried that there will be an increase in prostitution and trafficking during the 2010 Winter Olympics. A group of prostitutes from Vancouver tried to change the Canadian laws (so they could be allowed to work in brothels) but their claim was rejected by a judge from British Columbia.
Saskatoon/Saskatchewan
Similarly with Vancouver, Saskatoon has a serious problem with HIV among prostitutes (and among the population). Many prostitutes, especially those soliciting on the streets are addicted to drugs; some got infected through injecting drugs and others through unprotected sex. The province of Saskatchewan has the highest rate of new HIV cases in Canada and 1/4 cases of HIV infected babies are from Saskatchewan. The Aboriginal population is at extremely high risk of getting infected. Dr. Khami Chokani, the medical health officer for the Prince Albert Parkland Health Region, said: "If you think decimating the African population was bad... HIV in this province will kill 15 to 30 per cent (of the aboriginal population). Not all at one time, but over a five- to 10-year period."
Child prostitution
Child prostitution is illegal, but it is a problem.
It is estimated that there are about 10,000 child prostitutes across Canada.
According to Statistics Canada, between 10 and 15 per cent of people involved in street prostitution are under 18, but this figure is viewed by most child advocates as a gross underestimate. However, most child-prostitutes do not work on the streets, but behind closed doors: "You can't have children standing on the corner because they will be spotted immediately. So what pimps and recruiters do is keep them off-street," said Raven Bowen, from Vancouver.
Children end up in prostitution after running away from abusive homes, where they are victims of physical and/or sexual abuse. Pimps prey on these children, slowly gaining their trust, they befriend them and provide them with food, accommodation and clothes before hooking them on drugs and alcohol and forcing them into sexual service. Often pimps use romantic techniques to seduce young girls. The children are recruited in public places, such as shopping malls, metro stations and bus stops, and even on the street. Runaway children are easily spotted by pimps at the bus and train stations of major Canadian cities.
A study in the late '90ies showed that British Columbia had the highest incidence of children involved in prostitution in Canada. Approximately 50% to 80% of the child sex trade in British Columbia is carried on in massage parlors, karaoke bars, and “trick pads”; only 20% to 50% of the trade is visible aboveground with children being openly solicited on the streets. In smaller BC communities, the sexual exploitation of children is even less visible. It occurs in private homes, back alleys, and parks, at public docks and truck stops, and on fishing boats. In certain areas of BC, Aboriginal youth make up the majority of children working in the sex trade. Vancouver has about 500 street prostitutes under the age of 17, but many more children are involved in indoor prostitution. Some children advertise sex for sale on Craigslist.
In Winnipeg, hundreds of children, some as young as eight years old, are selling sex to adult men for money, drugs and even food and shelter. It is estimated that that 70% of the prostituted girls are Aboriginal, more than 70% are wards of Child and Family Services, and more than 80% get involved after running away from their placements.
In Toronto, there are an estimated 1500 child prostitutes.
Politics
Recently, various government committees and task forces have called for even tougher laws as well as more vigorous enforcement of the current legislation.
Legalizing prostitution appears very unlikely. Such a move would be met with strong opposition from feminists and women's organizations. Feminists are opposed to prostitution, which they consider to be a form of exploitation of women and of male dominance (see feminist objections to prostitution). Feminists point out that in Sweden, Norway and Iceland (three very liberal and secular countries) it is illegal to pay for sex (the client commits a crime, but not the prostitute) and argue that countries with a high commitment t
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