INTRODUCTION AND BRIEF DESCRIPTION
Section 212(1) of the Criminal Code of Canada outlines the various activities related to procuring, soliciting, and benefiting from prostitution, and lays out the punishment for such offenses.
SECTION WORDING
212(1) Every one who (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada, (b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution, (c) knowingly conceals a person in a common bawdy-house, (d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute, (e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada, (f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house, (g) procures a person to enter or leave Canada, for the purpose of prostitution, (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, (i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or (j) lives wholly or in part on the avails of prostitution of another person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
EXPLANATION
Section 212(1) of the Criminal Code of Canada outlines various activities related to prostitution and sexual exploitation, and criminalizes them as indictable offenses punishable by up to ten years in prison. These activities include procuring, attempting to procure, or soliciting someone to engage in illicit sexual intercourse with another person (whether in or out of Canada); inveigling or enticing someone who is not a prostitute to a common bawdy-house (brothel) for the purpose of prostitution or sex work; knowingly concealing someone in a common bawdy-house; procuring or attempting to procure someone to become a prostitute (whether in or out of Canada); procuring or attempting to procure someone to leave their usual place of abode in Canada with the intent of becoming a resident or frequenter of a common bawdy-house; directing or causing someone to be directed or taken to a common bawdy-house on their arrival in Canada; procuring someone to enter or leave Canada for the purpose of prostitution; exercising control, direction, or influence over a person's movements in a way that would indicate aiding, abetting or compelling them to engage in prostitution; administering a drug or substance to stupefy or overpower someone in order to enable them to engage in illicit sexual intercourse with another person; and living in whole or in part on the avails of prostitution of another person. Overall, Section 212(1) serves to protect vulnerable individuals from sexual exploitation and prosecute those who participate in or facilitate prostitution or sex work. It is important to note, however, that this law has been subject to criticism for criminalizing sex work and perpetuating harm and discrimination against sex workers. Some argue that decriminalization of sex work is a more effective approach to promoting the safety and rights of sex workers.
COMMENTARY
Section 212(1) of the Criminal Code of Canada is a provision that addresses various forms of human trafficking. The section criminalizes specific activities that facilitate or promote prostitution and related sexual activities, which can include coercing, deceiving, or exploiting individuals for financial gain. The section has been the subject of legal challenges and public debate over the years, particularly around its impact on sex workers and its effectiveness in combatting trafficking. One key aspect of section 212(1) is its prohibition on procuring, soliciting, or attempting to procure someone for sex work. This provision targets the people who seek out and arrange for others to engage in prostitution or other forms of sex work, regardless of whether the person being solicited is a willing participant or not. This can include pimps, traffickers, and others who profit from the exploitation of sex workers. The section can also apply to people who recruit or coerce others into prostitution. Another important aspect of section 212(1) is its focus on bawdy-houses, which are essentially brothels or locations where prostitutes and clients can meet for sexual activities. The section criminalizes actions that involve bawdy-houses, including inducing someone to go there, directing someone to one upon their arrival in Canada, and knowingly concealing someone in a bawdy-house. The section can also apply to people who take advantage of others' vulnerability to trap them in a bawdy-house against their will. Section 212(1) also targets activities that involve the movement of people across national borders for the purposes of prostitution or related activities. This can include trafficking individuals into Canada for sex work, or taking Canadian citizens or permanent residents out of the country to engage in prostitution elsewhere. The section can also apply to people who influence or direct the movements of others to enable prostitution. Furthermore, section 212(1) covers actions related to the use of drugs or other substances to incapacitate or control others for sexual activities. This can include administering drugs to someone without their consent or knowledge, or encouraging someone to take drugs to induce them to engage in sexual activities. The section can also apply to people who profit from the use of drugs or alcohol in prostitution. Finally, section 212(1) criminalizes the act of living off of the earnings of prostitution by others. This can include people who manage or control the activities of sex workers, and take a portion of their earnings as payment. The provision aims to disrupt the economic incentives for exploiting others in prostitution. In summary, Section 212(1) of the Criminal Code of Canada is a provision that targets various forms of human trafficking related to prostitution and related activities. While the section has been criticized by some for its impact on sex workers and for perpetuating a criminalization framework for prostitution, it continues to serve as a tool for law enforcement to investigate and prosecute those who engage in human trafficking for profit. The ongoing debate around the section underscores the complex legal and ethical issues around prostitution, human trafficking, and the role of the state in regulating sexual activities.
STRATEGY
When dealing with section 212(1) of the Criminal Code of Canada, several strategic considerations must be taken into account. It is crucial to understand that the offences under this section are serious offences, classified as indictable offenses, that carry significant penalties, including imprisonment for a maximum of ten years. Therefore, any person charged with any of the offences under section 212(1) of the Criminal Code of Canada must seek legal representation immediately. One of the most critical strategic considerations when dealing with this section is understanding the scope and the elements of the offences. It is advisable to engage the services of a lawyer who is conversant with this section and has experience in defending similar cases. The lawyer during the preliminary investigation stage must scrutinize the evidence against the accused and work to identify any weaknesses in the prosecution's case. The prosecution must prove beyond a reasonable doubt that the accused committed the offence, and any doubts must be resolved in favour of the accused. Another strategic consideration is to understand the jurisdictional reach of the offences under Section 212(1). Some offences apply regardless of whether the acts were committed in or out of Canada. Therefore, in cases where the accused intends to commit the crime abroad, it is essential to seek the advice of a lawyer well-versed in international law to avoid extradition and face prosecution in a foreign jurisdiction. Where the prosecution is building its case, having evidence, and developing a narrative, it is crucial to take proactive measures to challenge the evidence or negate the narrative. The accused may consider retaining their own expert witness to provide evidence challenging the prosecution's evidence. The accused may also consider presenting a competing narrative that would explain the accused's actions differently without establishing the requisite intent to commit the offence. The Canadian Criminal justice system is complex, and the rules of evidence are strict. It is essential to ensure that all the rules of evidence are followed. An experienced and knowledgeable criminal defence lawyer should be able to identify and exclude inadmissible evidence. The accused may also consider filing a pretrial motion to have the charges dismissed for constitutional infringement. In conclusion, when dealing with section 212(1) of the Criminal Code of Canada, the accused must have competent legal representation. Strategic considerations should be taken into account, including understanding the scope and elements of the offences, the jurisdictional reach of the offences, proactive measures to challenge evidence or negate prosecution narratives, following all rules of evidence, and filing pretrial motions.