Canadian Prostitution Law
In addition to the communicating law, "bawdy houses" are prohibited (Criminal Code sections 210 and 211), as are procuring and living on the avails of prostitution of another person (section 212). Procuring and living on the avails are indictable offences carrying terms of up to ten years in prison (and in the cases of a person under 18, up to 14 years in prison). A common bawdy house is a place kept, occupied or used by at least one person for the purposes of prostitution or indecent acts. "Keeping" a bawdy house (section 210(1)) is an indictable offence liable to up to two years in prison. Being "found in" or an "inmate" of a bawdy house (Criminal Code sections 210(2) and 211) are summary offences carrying a maximum term of six months in prison and/or a $2000 fine (being a summary offence, the communicating law carries the same maximum penalties).
The living on the avails, procuring and bawdy house laws date back to Canada's first criminal code, as did the vagrancy provision which prohibited street prostitution. The vagrancy law was replaced in 1972 with the soliciting law which, in turn, was replaced by the communicating law.
While the activity proscribed by each law is relatively clear, the overall goal of Canadian prostitution law is not. Apparently it is not prohibition, otherwise the buying and selling of sexual services as such would be prohibited. However, the aforementioned criminal laws circumscribe prostitution in a way that makes it difficult to conceive how a person can prostitute without breaking the law. The practical solution to this contradiction is that, as long as it is off the street, laws against prostitution are rarely enforced. Indeed, most large municipalities facilitate the off-street trade by licensing and regulating it. And yet the rhetoric of Canadian politicians about prostitution is almost entirely abolitionist. The Canadian political solution to the problems created by prostitution has been to say one thing and do another.
The paper begins by briefly describing events leading up to the enactment of the communicating law, and then discusses attempts to control the prostitution industry since that time.