section 207.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies how certain paragraphs and subsections of the Criminal Code apply to section 207.1.

SECTION WORDING

207.1(2) For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.

EXPLANATION

Section 207.1(2) of the Criminal Code of Canada refers to the offence of obtaining sexual services for consideration. This section was added to the Criminal Code in 2014 as part of the Protection of Communities and Exploited Persons Act (PCEPA). The PCEPA was designed to modernize the laws relating to prostitution and trafficking of persons for sexual exploitation in Canada. Section 207.1(2) clarifies that paragraph 207(1)(h) and subsection 207(5) of the Criminal Code apply to the offence of obtaining sexual services for consideration. Paragraph 207(1)(h) prohibits anyone from receiving a material benefit from the prostitution of another person. This includes anyone who lives on the avails of prostitution, such as pimps or managers. Subsection 207(5) makes it an offence to communicate in a public place for the purpose of obtaining sexual services for consideration. Section 207.1(2) provides greater certainty around these two existing provisions in relation to the new offence of obtaining sexual services for consideration. The section reinforces that individuals who obtain sexual services for consideration are participating in a form of exploitation that can lead to human trafficking and other serious crimes. The section also serves to deter and punish those who participate in the sex trade by discouraging demand for sexual services. Overall, section 207.1(2) is an important addition to the Criminal Code of Canada that seeks to protect vulnerable individuals, particularly those who are at risk of being exploited through the sex trade. By clarifying the application of existing provisions in relation to the new offence of obtaining sexual services for consideration, this section reinforces the importance of combatting exploitation and human trafficking in Canada.

COMMENTARY

Section 207.1(2) of the Criminal Code of Canada is a codified provision that is intended to provide greater certainty with regard to the application of certain paragraphs and subsections of Section 207(1) of the Criminal Code of Canada. The language used in the provision suggests that there may be some uncertainty around the proper interpretation of Section 207(1)(h) and subsection 207(5) in relation to Section 207.1. Section 207.1(2) is a provision that is intended to clarify the application of certain provisions of the Criminal Code of Canada in relation to prostitution-related offences. Specifically, it clarifies that Paragraph 207(1)(h) and subsection 207(5) of the Code apply for the purposes of Section 207.1. The purpose of this provision is to ensure that the law is clear and consistent with regard to how prostitution-related offences are prosecuted in Canada. Paragraph 207(1)(h) of the Criminal Code of Canada prohibits living on the avails of prostitution. This provision is intended to prevent individuals from profiting from the prostitution of others. It is meant to target those who exploit sex workers for financial gain. Subsection 207(5) of the Criminal Code of Canada, on the other hand, sets out a defence to the charge of living on the avails of prostitution. This defence is available to individuals who are living with a sex worker and who do not engage in exploitative conduct. It is intended to ensure that individuals who are in legitimate relationships with sex workers are not unfairly targeted by the law. Section 207.1(2) of the Criminal Code of Canada clarifies that Paragraph 207(1)(h) and subsection 207(5) apply for the purposes of Section 207.1. Section 207.1 of the Code was introduced in 2014 and created a new offence for purchasing sexual services or communicating in public for that purpose. This provision replaced the previous provisions of the Code that criminalized prostitution-related offences. The purpose of Section 207.1 was to shift the focus of the law from sex workers to clients, with the aim of reducing demand for prostitution and promoting the safety and welfare of sex workers. By clarifying that Paragraph 207(1)(h) and subsection 207(5) apply for the purposes of Section 207.1, Section 207.1(2) of the Criminal Code of Canada ensures that the legal framework for prostitution-related offences is clear and consistent. It ensures that the same legal principles apply to all prostitution-related offences, regardless of when they were committed or what specific provisions of the Code they fall under. Overall, Section 207.1(2) of the Criminal Code of Canada is an important provision that helps to ensure that the law is clear and consistent with regard to prostitution-related offences. It clarifies that certain provisions of the Criminal Code of Canada apply for the purposes of Section 207.1, which in turn promotes the safety and welfare of sex workers by discouraging exploitation and reducing demand for prostitution.

STRATEGY

Section 207.1(2) of the Criminal Code of Canada is an important provision that deals with the offense of human trafficking. This provision clarifies that certain paragraphs and subsections of Section 207 of the Criminal Code also apply to the offense of human trafficking, which includes the exploitation of others for profit or gain. When working with this section of the Criminal Code, strategic considerations should be given to the following: 1. Ensuring a clear understanding of the legal requirements: One key strategic consideration when dealing with section 207.1(2) is ensuring a clear understanding of the legal requirements. This includes understanding the definitions used in the section and the elements of the offense. It is essential that the prosecutor and the defense counsel understand the legal requirements and are able to present their arguments effectively. 2. Developing a strong legal strategy: Developing a strong legal strategy is an important consideration when dealing with section 207.1(2). A lawyer must be able to assess and analyze the strengths and weaknesses of their case. This involves gathering evidence, conducting research, and crafting effective legal arguments. 3. Developing a collaboration strategy: Another strategic consideration when dealing with section 207.1(2) is developing a collaboration strategy. This involves working closely with law enforcement agencies, victims' advocates, and other stakeholders to build a strong prosecution case. 4. Ensuring proper victim support: Ensuring proper victim support is also a crucial strategic consideration when dealing with section 207.1(2). This includes ensuring victims receive the requisite medical, social, and emotional support they need to heal from the trauma of being trafficked. By supporting the victim, a lawyer can bolster the prosecution's case by providing compelling testimony. Some strategies that could be employed when working with section 207.1(2) include the following: 1. Conducting comprehensive investigations: A lawyer must conduct comprehensive investigations to obtain reliable evidence to support their case. This includes interviewing witnesses, collecting physical and digital evidence, and reviewing financial records. 2. Educating the public and law enforcement: Education is key to preventing human trafficking, and a strategic approach is to educate the public and law enforcement on the dangers of human trafficking and how to identify the signs of trafficking. This will raise awareness, increase reporting, and enhance the ability of law enforcement to make arrests. 3. Providing specialized training to prosecutors: Training prosecutors is essential to ensuring that they are equipped to handle human trafficking cases. This includes training them on the specific legal requirements and strategies for developing a strong prosecution case. 4. Building partnerships with non-governmental organizations (NGOs): By building partnerships with NGOs that specialize in providing assistance to trafficking victims, a lawyer can ensure that their client receives the required support. In conclusion, section 207.1(2) of the Criminal Code of Canada is an important piece of legislation designed to curb human trafficking. Strategic considerations for a lawyer when dealing with this section should include a clear understanding of the legal requirements, a strong legal strategy, collaboration, and victim support. To be successful in prosecuting human trafficking cases, a lawyer should also employ strategies like comprehensive investigations, education, specialized training for prosecutors, and partnerships.