Outcall escort not agency living off avails?
I see this was discussed a bit in another thread, but who changed the Canadian Criminal Code? What is going on with LE in Montral, making up there own laws????? I have never heard of this issue before and seems to be unique to Montreal. I would like to update http://www.sexwork.com/montreal/law.html if there is something going on with LE in Montreal but nothing makes sense of why charges are being laid.
There is someone in Montreal that insists an outcall escort was arrested because SHE was living off the avails of prostitution. The agency was not charged. As my reply below indicates the avails under the Canadian Criminal Code seeems to be very clear that it has to be "of another person". How he got arrested for simply being an outcall customer also makes no sense. Are the Montreal cops doing something wild for which there is no legal basis? Or is his lawyer just trying to make money off him, but he claims he and escort were arrested in an outcall to his home.
Here is his E-mail to me:
I didn't want to refute your statement on the legalities of prostitution in Canada, whether it be Outcall or Incall but you are wrong. I was busted, so if you please, then tell my banker why I had to withdraw such large amounts of cash to pay my lawyer.
What is illegal is "living off of the avails of prostitution" & not the act itself of selling sex for money. "Living off of the avails" means deriving the majority of your income from this. In other words a person who is a prostitute, full time or a driver.
There is no differentiation in any Canadian law that states any differences in the varying forms of prostitution, ie outcall or incall.
I have been arrested from an outcall who came to my home & she was charged with "living off of the avails" "Living off of the avails" means anyone who derives their sole or major income from the selling of sec for money. It's not the selling that is illegal, it's the living off of it that is. ( Dave agrees but has to be a different person than the escort herself, like her agency)
I've got friends & CLOSE relatives on all sides of me that say that I am right. I just asked someone who I was with this morning . He say people think falsley that, "living off of the avails" doesn't include the actual one providing the act but they are totally wrong & the proof as he said to me is, that the girl who got charged with the offense in my case was the only one charged & the agency got nothing & didn't even have to appear in court & they were not even named or mentioned in the docket.
I have the entire Canadian Criminal code and I did a word search for avials. The only section it is in, says clearly "of another person". There is nothing I can find in the Canadian Criminal code to make it illegal for the prostitute herself. Where is it illegal in the law?
212. (1) Every one who
(j) lives wholly or in part on the avails of prostitution of another person,
Has this section been amended to drop "of another person"? I doubt it.
Or is LE in Montreal just making their own laws!!