[SWAF-Potluck] 2015 Criminal Code: Sexual Services Offences

[Andy Sorfleet]

Dear Sex Workers And Friends,

I have gone through the 2015 Criminal Code and extracted the pages
referring to sexual services offences, and put them together in a
single PDF. I have included at the beginning, the summary and preamble
from the Protection of Communities and Exploited Persons Act, to give
some context to the intent of the laws.

http://triple-x.org/pdf/SexualServices-2015.pdf

These laws include section 210 (Bawdy-House) which was struck down by
the Bedford decision but it remains in the Code because "Bawdy House"
is still defined as a place that is kept by one or more persons for
"the practice of acts of indecency." Acts of indecency are undefined
but could include sexual activity involving more than two people, or
in some other way in public view (such as gay bath houses).

Section 213 (Offences in Relation to Offering, Providing or Obtaining
Sexual Services for Consideration) and Section 286 (Commodification of
Sexual Activity) are followed by Section 164 which outlines rules for
search, seizure and forfeiture of materials which includes materials
that advertise sexual services.

I am also seeking advice regarding Section 183. Invasion of Privacy.

It looks to me like a peace officer or agent of the state can
intercept private communications if those communications relate to
sexual services offences. So for example, it would not be an invasion
of privacy for police to intercept private conversations on the
telephone or Internet if those conversations were for obtaining sexual
services. In other words, it would be perfectly legal for police to
tap a sex worker's phone or email account in order to find and arrest
clients.

I'll let you know what legal interpretations I receive.

In solidarity,
Andy, Triple-X