INTRODUCTION AND BRIEF DESCRIPTION

Living off the proceeds of prostitution with a person under 18 results in imprisonment for up to 14 years.

SECTION WORDING

212(2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.

EXPLANATION

Section 212(2) of the Canadian Criminal Code is a provision that deals with the crime of living on the avails of prostitution of a minor, which is a serious and indictable offense punishable by up to 14 years in prison. The section is an exception to the general provision under paragraph (1)(j) of the same section, which allows adults to engage in prostitution as a legal activity. The provision aims to protect minors, who are particularly vulnerable and susceptible to exploitation and abuse in the sex trade industry. It makes it illegal to profit, financially or materially, from the prostitution of a person under 18 years of age, regardless of whether or not the person engaged in prostitution consents to the arrangement. The provision is broad in scope and covers a wide range of activities that involve the exploitation of minors for prostitution purposes. It includes living off the earnings of a minor prostitute, which means benefiting from the money earned by a minor in exchange for sexual services. It also covers any other form of economic gain or benefit derived from the exploitation of a minor in prostitution, such as food, shelter, and other goods or services. In addition to the maximum punishment of 14 years in prison, the section also imposes a minimum penalty of two years of imprisonment for this offense, signaling society's serious and uncompromising stance on the issue of child exploitation. Overall, the provision is a critical tool in the fight against child exploitation and serves as a deterrent to those who would seek to profit from the exploitation of minors.

COMMENTARY

Section 212(2) of the Criminal Code of Canada is a crucial piece of legislation aimed at protecting children and minors from being exploited and abused by those who seek to profit off their vulnerability and desperation. Despite the overall legality of prostitution in Canada, the section recognizes that underage sex work is exploitative of the vulnerable and is an instance of child sexual abuse. Any person who lives at least partially on the earnings of a child prostitute is deemed to have committed a criminal act. As a result, the section imposes severe penalties, with a maximum of 14 years in prison and a minimum term of two years. The provisions in the section are necessary, as it has been confirmed by research that younger people are more vulnerable to traffickers and exploiters than older counterparts. Most of the minors working in prostitution do not do it willingly, but because they are forced or are a victim of circumstance. They are not genuinely in control of their lives, and therefore the law criminalizes the exploitative behavior targeting this group. The word 'avails' in the section refers to all types of benefits that are derived from prostitution, including money and any other kind of favor gained. While there may be arguments about the legality of prostitution, this section serves as a reminder of the importance of protecting minor rights. It prevents the sexual exploitation of children and adolescents and attempts to deter those who would otherwise be tempted to engage in this activity. In many cases, the section effectively removes the possibility of someone profiting from underage prostitution. Additionally, the strict sentences imposed by the law reflect the seriousness of the crime and send a clear message that such behavior will not be tolerated in Canada. Despite its broad scope, Section 212(2) is not a perfect law, as there are still concerns that need to be addressed. For example, some have argued that sex workers are at risk of being punished when it is their clients who are responsible for paying for their services. Additionally, the section tends to overlook the fact that many minors may be forced into prostitution by their parents or guardians, which makes it harder for prosecutions under this section. Finally, the law does not address the question of why some minors turn to prostitution, such as poverty, abuse, substance use, and lack of access to education. These challenges could be addressed through more comprehensive laws targeted at addressing the roots of child sexual abuse and exploitation. In conclusion, the inclusion of Section 212(2) in the Criminal Code of Canada is a crucial and necessary step towards the recognition of the rights of minors and the protection of their welfare. It serves as a warning to the predators targeting children and adolescents for sexual exploitation and gives prosecutors the ability to bring charges against these criminals while holding them responsible and accountable for the actions they have taken to sexually exploit children. However, while the law protects those under eighteen from prostitution, it needs to be part of a broader approach which addresses the issues which lead minors to put themselves in such a vulnerable position. Stronger measures are needed to ensure that children are protected from all forms of exploitation, and any law must be accompanied by wider measures aimed at creating opportunities for the vulnerable.

STRATEGY

Section 212(2) of the Criminal Code of Canada criminalizes the act of living on the avails of prostitution of a person who is under the age of eighteen years. The provision makes it an indictable offence punishable with a term of imprisonment for up to fourteen years. However, when dealing with this section of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. Firstly, it is important to identify the victim in the case. Often, minors who engage in prostitution are forced or coerced into the trade by others. As a result, they are not considered willing participants and are viewed as victims of exploitation. Identifying the victim and treating them as such is critical in ensuring that justice is served. Therefore, prosecutors need to work closely with investigators and victim service organizations to ensure that minors involved in the sex trade are not re-victimized during the legal process. Secondly, prosecutors need to build a strong case that proves beyond a reasonable doubt that the accused person was living on the avails of prostitution of a minor. To do so, prosecutors may need to rely on evidence such as financial transactions, surveillance recordings, or witness testimony. These types of evidence may require a specific strategy to ensure that they are admissible in court. For example, if an investigator has obtained surveillance recordings, they need to ensure they were taken legally and that privacy laws were not violated. Thirdly, prosecutors need to decide whether to seek a guilty plea or go to trial. A guilty plea means the accused person acknowledges their guilt and accepts the punishment. This can save time and resources and may be less traumatic for the victim. However, if the accused person does not plead guilty, prosecutors may need to go to trial, which can be more time-consuming and costly. Going to trial also relies on the quality and strength of evidence available to the prosecutor. Lastly, prosecutors need to consider educating the public. Many people may not realize that engaging in sexual activity with minors, offering money or benefits, or benefiting from the exploitation of minors is illegal. Educating the public can deter future exploitation of minors in the sex trade. Some strategies that could be employed include the following: 1. Training prosecutors and investigators: Prosecutors and investigators need to be trained to identify the physical and psychological signs of exploitation in minors involved in the sex trade. 2. Coordinating with victim service organizations: Victim service organizations provide critical support to minors in the sex trade. Coordinating with them can help ensure victims receive the necessary support and protection throughout the legal process. 3. Relying on experts: In cases involving minors, prosecutors may need to rely on experts such as social workers, psychologists, and medical professionals to provide evidence and testify in court. 4. Creating awareness programs: Public awareness programs can educate the public on the harms of exploiting minors or engaging in sexual activity with minors. 5. Developing plea bargaining agreements: Plea bargaining agreements can help expedite the legal process, save resources, and provide a swifter resolution for victims. In conclusion, dealing with Section 212(2) of the Criminal Code of Canada requires prosecutors to be knowledgeable and strategic. They need to identify the victim, build a strong case, decide on a plea bargain or trial, and educate the public. Employing the right strategies can ensure that justice is served and that minors are protected from exploitation.