Driving escorts versus stippers is not the same, I should know I am a lawyer. The first will get you a criminal record, the second won't (unless you drive them where they have sex with client which makes them escorts and not stippers anymore)
I'm looking for escorts driver job
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Driving escorts versus stippers is not the same, I should know I am a lawyer. The first will get you a criminal record, the second won't (unless you drive them where they have sex with client which makes them escorts and not stippers anymore)
With all due respect, this is a misleading advice. Driving an escort to a client's home or hotel will not get you a criminal record, at least in my knowledge. You'll get one, under 211, if you drive her to an in-call. I would be curious to know the number of prosecution under 211 in Canada in the last decade.
There is 211 indeed, but if I was a prosecutor, I would try to go under 212 (h)
CRIMINAL CODE:
212. (1) Every one who
(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Well good luck to him. He may have a chance against our big arm guy here if he decides to defend himself without a lawyer. Otherwise, IMHO, it would be a piece of cake for a defense attorney unless the prosecutor could demonstrate that there is a minimum aspect of exploitation, physical or psychological, involved. I am not a lawyer, but I think that the jurisprudence on 212(1)(j), including the Bedford, Lebovitch and Scott case, would apply for 212(1)(h).
The question is whether anyone has been prosecuted under the cited provision. Prosecutors are not interested in having their asses handed to them in Court and they only charge when the law will back them up. My understanding of the law is same as Gugu's. It does not make sense to me that a driver could be charged with driving an escort to an outcall appointment, and there is no need to drive an escort to an incall appointment in most cases.
There would also need to be some evidence of a mens rea. Otherwise anyone who picks up a prostitute and simply gives her a ride home or to a store could also be charged under that law. A driver could defeat the mens rea element by simply saying I was giving her a ride to see a friend, I have no knowledge of anything else. How could anyone reasonably build a case in Court that would rebut such a contention beyond a reasonable doubt? Do you guys think the prosecutors have the money to follow a driver with a private investigator and perform surveillance? That is what would be needed, an 8 hour surveillance and nobody is going to authorize such an expense. It ain't happening and because it ain't happening the prosecutor has no case to prove mens rea. He will be eaten alive by any good defense attorney.
If you have never had to prove a case in Court, I can assure you it is much more difficult than what it would seem reading the text of any statute.
I would say it is highly unlikely dcfan would ever get charged under that provision cited by Godfather.
I also don't understand how there could be more money in driving strippers. It seems to me that dcfan could make more money working for one of the more popular outcall escort agencies.
There would also need to be some evidence of a mens rea. Otherwise anyone who picks up a prostitute and simply gives her a ride home or to a store could also be charged under that law. A driver could defeat the mens rea element by simply saying I was giving her a ride to see a friend, I have no knowledge of anything else. How could anyone reasonably build a case in Court that would rebut such a contention beyond a reasonable doubt? Do you guys think the prosecutors have the money to follow a driver with a private investigator and perform surveillance? That is what would be needed, an 8 hour surveillance and nobody is going to authorize such an expense. It ain't happening and because it ain't happening the prosecutor has no case to prove mens rea. He will be eaten alive by any good defense attorney.
If you have never had to prove a case in Court, I can assure you it is much more difficult than what it would seem reading the text of any statute.
I would say it is highly unlikely dcfan would ever get charged under that provision cited by Godfather.
I also don't understand how there could be more money in driving strippers. It seems to me that dcfan could make more money working for one of the more popular outcall escort agencies.
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I understand your point of view
I agree that going through the whole procedure is more complicated then simply applying the statute, but I did not predict the exact outcome that would inevitably happen here, I just mentioned that I think driving escorts is a criminal offense because of 211 (h) and of R. vs. Perreault and therefore, represents a risk.
And I did not say he would be making more money driving strippers actually I have no clue how much it pays to drive either strippers or escorts, I was just saying that I would compare how much both options pay and then evaluate the risk/benefit factor, if both pay a similar amount, why risk a criminal charge, even if the chances of prosecution are very low.
I didn't mean to start a debate here and probably should have kept my mouth shut and minded my own business
I was just trying to help the guy evaluate his options by giving my opinion.
I don't think the risk is inexistant, but you're right, it is low
I agree that going through the whole procedure is more complicated then simply applying the statute, but I did not predict the exact outcome that would inevitably happen here, I just mentioned that I think driving escorts is a criminal offense because of 211 (h) and of R. vs. Perreault and therefore, represents a risk.
And I did not say he would be making more money driving strippers actually I have no clue how much it pays to drive either strippers or escorts, I was just saying that I would compare how much both options pay and then evaluate the risk/benefit factor, if both pay a similar amount, why risk a criminal charge, even if the chances of prosecution are very low.
I didn't mean to start a debate here and probably should have kept my mouth shut and minded my own business
I was just trying to help the guy evaluate his options by giving my opinion.I don't think the risk is inexistant, but you're right, it is low
Hi Godfather
In a theorical sense, I agree with you but I do not think any prosecutor will bother with that part of the law since it mean he will also need to prove the peoples being transported for a fee are escorts. That is too much problem for what they can gain. The most likely people to stop an illegal taxi are not the cops anyway. The province and Montreal have a transportation authority that is responsible to check this. A situation like that will not reach criminal court, only civil except if there are serious criminal acts involved, like the driver is carrying minors for prostitution or is doing his drug run at the same time. This is like incalls that do not get busted unless there is another motive than prostitution that act as a trigger.
In a theorical sense, I agree with you but I do not think any prosecutor will bother with that part of the law since it mean he will also need to prove the peoples being transported for a fee are escorts. That is too much problem for what they can gain. The most likely people to stop an illegal taxi are not the cops anyway. The province and Montreal have a transportation authority that is responsible to check this. A situation like that will not reach criminal court, only civil except if there are serious criminal acts involved, like the driver is carrying minors for prostitution or is doing his drug run at the same time. This is like incalls that do not get busted unless there is another motive than prostitution that act as a trigger.
If you read the first post it is a part time job he is looking for on weekends. Not polite to open your mouth just to judge people without knowledge.
heu.... wat make you u think he wants a serious work ?
u need to grow up and stop self projecting ur assumptions on others :amen:
When I was 24 years old I was working as a pizza deliveryman. I think I made $7/hour plus tips. Nobody has a great job at age 24. I think dcfan might be able to make better money than I did. That is really all that matters. We can assume dcfan is not going to make a career out of driving escorts.
Pretty hard to compete with your logic here. Statement 1 simply makes no sense. Statement 2 cannot be derived from the statement 1 in any way. Statement 3 is a pure projection that has nothing to do with the 2 first statements.
Yes koya, I really can't compete with your logic.
Thanks again for the entertaining preaching.
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