Criminal Code of Canada - section 213(1) - Offence in relation to prostitution

section 213(1)

INTRODUCTION AND BRIEF DESCRIPTION

Prohibits stopping vehicles or obstructing traffic and communication for the purpose of prostitution.

SECTION WORDING

213(1) Every person who in a public place or in any place open to public view (a) stops or attempts to stop any motor vehicle, (b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or (c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 213(1) of the Criminal Code of Canada aims to prevent public disturbances and interrupting the free flow of traffic in public places. It prohibits individuals from engaging in certain activities that may cause chaos or create public nuisance. This section applies to all persons, regardless of their gender, age or occupation. The first sub-section, 213(1)(a), prohibits stopping or attempting to stop any motor vehicle in a public area or in a place open to public view. This includes activities such as standing in front of a moving vehicle, hindering a driver's movement or forcefully trying to enter a moving automobile. Any such act that may create an obstruction to traffic flow is punishable under this section. The second sub-section, 213(1)(b), forbids the obstruction of pedestrian or vehicular traffic in public places. It includes any activities that restrict the free movement of people or any vehicle such as walking slowly in an area where people are rushing, blocking a pathway, or standing in the middle of a walkway. If an individual disrupts traffic in this manner, they may face prosecution under this section. The third sub-section, 213(1)(c), prohibits individuals from stopping or attempting to stop another person with the intent of engaging in prostitution or obtaining sexual services from a prostitute. This includes approaching another person with an intention to solicit sex or loitering in an area for the same purpose. It is important to note that prostitution in Canada is not illegal, but engaging in or soliciting sex in a public place is an offense. Therefore, this section serves as a safeguard against public indecency and prostitution activities. Overall, 213(1) of the Criminal Code of Canada aims to maintain public order, prevent public disturbances, and safeguard public safety in public places. It is essential to follow these regulations to maintain law and order in Canada.

COMMENTARY

Section 213(1) of the Criminal Code of Canada criminalizes certain activities that take place in public areas or places open to public view. The main types of activities that are prohibited under this section are stopping motor vehicles, impeding the flow of pedestrian or vehicular traffic, and communicating with others for the purpose of engaging in prostitution or obtaining sexual services. One of the key goals of this section is to protect the public by ensuring that individuals are able to move freely through public spaces without being impeded or harassed. For example, someone who blocks a roadway or intersection could cause congestion and potentially even accidents, leading to harm or injury to innocent bystanders. Similarly, communicating for the purpose of engaging in prostitution or obtaining sexual services can be harmful to both the individuals involved and to the broader community. Prostitution is often linked to human trafficking and other forms of exploitation, so discouraging and preventing these activities can help to reduce harm to vulnerable people. However, some critics argue that this section of the Criminal Code unfairly targets certain marginalized groups, such as sex workers or individuals experiencing homelessness. They argue that by criminalizing these activities, the law effectively punishes individuals for being poor or marginalized, rather than addressing the underlying social and economic issues that contribute to these problems. Others argue that criminalizing sex work can actually make it more dangerous for those involved, as it pushes the activities underground and away from public view. This can make it more difficult for sex workers to access necessary medical care or legal support, and can leave them more vulnerable to violence and exploitation. Ultimately, the effectiveness of Section 213(1) depends on how it is enforced and implemented. If the law is enforced in a discriminatory manner, or if it is used to punish vulnerable individuals rather than to protect the public, then it may do more harm than good. However, if it is implemented fairly and with a focus on protecting public safety, it may be a useful tool for ensuring that public spaces remain accessible and safe for everyone.

STRATEGY

Section 213(1) of the Criminal Code of Canada criminalizes certain activities that take place in public places or places open to public view. These activities include stopping or attempting to stop a motor vehicle, impeding the free flow of pedestrian or vehicular traffic or ingress to or egress from premises, and attempting to communicate for the purpose of prostitution or obtaining sexual services. When dealing with this section of the Criminal Code, there are several strategic considerations that law enforcement agencies and prosecutors need to take into account. Here are some of the key considerations: 1. Proving the elements of the offence: To secure a conviction under section 213(1), the Crown must prove beyond a reasonable doubt that the accused engaged in one of the three prohibited activities listed in the provision. This requires gathering evidence, interviewing witnesses, and presenting a convincing case to the judge or jury. 2. Identifying the appropriate charge: Section 213(1) allows for summary conviction, which means that the maximum penalty is a $5,000 fine and/or six months in jail. However, there may be situations where the Crown decides to proceed with an indictable offence, which could result in a longer term of imprisonment. The decision to pursue a summary or indictable charge will depend on the nature of the offence, the accused's criminal history, and other factors. 3. Balancing enforcement with human rights: Section 213(1) is often used to target prostitution-related activities, such as soliciting or communicating for the purpose of prostitution. While these activities are illegal, it is important to balance enforcement with the human rights of sex workers and their clients. This means ensuring that enforcement actions do not violate the rights of these individuals, such as their right to safety, privacy, and freedom of expression. 4. Coordinating with other agencies: Given the nature of the activities prohibited in section 213(1), it may be necessary to coordinate enforcement actions with other agencies, such as bylaw enforcement, transportation authorities, or community safety teams. This can help to ensure that enforcement actions are targeted, efficient, and effective. 5. Educating the public: Section 213(1) is a relatively obscure provision of the Criminal Code, and many members of the public may not be aware of its existence or its implications. Law enforcement agencies may wish to take a proactive approach to public education, by partnering with community organizations or through targeted outreach efforts. This can help to raise awareness of the provision and promote compliance with the law. With these strategic considerations in mind, law enforcement agencies and prosecutors may employ a variety of strategies to enforce section 213(1) of the Criminal Code. Some of these strategies may include: - Conducting targeted enforcement blitzes in areas known to be hotspots for prostitution-related activities, such as along major streets or in high-traffic areas. - Assigning specialized police units or officers to investigate and prosecute offences under section 213(1), with a focus on gathering intelligence and building cases against repeat offenders. - Partnering with community organizations, such as sex worker advocacy groups or harm reduction organizations, to develop strategies that prioritize the safety and well-being of sex workers and their clients. - Conducting public education campaigns to raise awareness of the provision and highlight the risks associated with engaging in prohibited activities. - Implementing technology solutions, such as automated traffic enforcement or surveillance cameras, to monitor and deter prohibited activities in public places. Overall, enforcing section 213(1) of the Criminal Code requires a thoughtful, strategic approach that takes into account the legal, social, and ethical implications of the provision. By carefully balancing enforcement with human rights, and implementing targeted strategies to disrupt illicit activities, law enforcement agencies and prosecutors can help to promote safety and security in public spaces.