Prostitution Laws in Ontario

Prostitution laws and penalties in Ontario have been updated in the last decade, shifting more of the criminal responsibility away from those who are seen as “victims” of the sexual services industry to those who purchase sexual services or benefit financially from the third-party provision of services.

Many of the traditional laws on prostitution proved to be unconstitutional by the Supreme Court and were rewritten to better reflect modern Canadian values and attitudes.

The latest prostitution laws also address the increasing shift of people’s lives to online environments, away from the traditional methods of procuring sexual services.

Let’s examine these laws and see what they mean for all those involved in the provision of prostitution and other sexual services in Ontario.

Prostitution is not defined in the Criminal Code. The definition of prostitution is understood through case law as the exchange of sexual services for money or goods.

An act must include three elements to be considered prostitution in Canada:

1. The provision of sexual services
2. The indiscriminate nature of the act
3. Some form of payment

Bill C-36 or the Protection of Communities and Exploited Persons Act was passed in 2014. This criminalizes the purchase of sexual services and those who live on the “material benefits” of sex work in Canada (traditionally known as “pimps” but often involving elaborate networks of people nowadays).

Escort services, sometimes incorrectly considered synonymous with prostitution, encompass a broader spectrum of companionship services—services that are, in many instances, legal, and far more challenging to control through legal frameworks.

Selling sexual services online is not in itself illegal under Canadian law but advertising those services or profiting from them can be illegal. The owners and employees of online platforms that offer the services and who benefit from the proceeds of prostitution can be prosecuted criminally.

The digital era has created new challenges for the authorities in their attempts to reduce the demand for sexual services and criminalize the purchase of prostitution and those who benefit materially from it.

The explosion of online prostitution services in the past decade has seen sexual services advertised, sold, and conducted online through dedicated websites, forums, social media platforms, and darker areas of the web.

Prostitution is no longer about car drivers prowling dark alleys in inner cities The reach and anonymity provided by the Internet creates new ways to procure sexual services—and to exploit victims. It also creates legal challenges concerning jurisdiction as, even though Ontario residents may use these platforms, the websites are rarely hosted here.

The legal lines between escort services and prostitution are sometimes blurred. Advertising escort services—or exchanging companionship for money—is generally legal in Ontario if sexual services are not explicitly advertised, promised or provided.

As with prostitution, any individuals providing escort services in Canada will not be prosecuted but those who purchase escort services that include sexual services—or third parties who benefit from the provision of these services—may face legal repercussions.

For instance, if an escort agency is found to be advertising or offering sexual services disguised as companionship, it may face criminal proceedings.

Purchasing prostitution is a criminal offence under s.286.1 of the Criminal Code, although the sex worker is shielded from criminal penalties.

As a hybrid offence, purchasing prosecution can be prosecuted summarily or as an indictment in Canada.

As an indictment where the victim is an adult:

• An offence committed in a public place:
  • A maximum penalty of five years in prison
  • A fine of $2,000 for a first offence or $4,000 for subsequent offences
• For any other offence:
  • A maximum penalty of five years in prison
  • A fine of $1,000 for a first offence or $2,000 for subsequent offences

If the victim is a child, the offence is straight indictable. The maximum prison sentence is 10 years with a minimum mandatory penalty of six months for a first offense and one year for each subsequent offense.

As a summary offence:

• Up to two years less a day in jail and/or
• A fine of $500 for a first offence or $1,000 for subsequent offences, or

A fine of $1,000 for a first offence or $2,000 for subsequent offences (public place)

The advertising of prostitution services by institutions is a criminal offence under s. 286.4 of the Criminal Code. Individual sex workers advertising the sale of sexual services are not prosecuted.

For indictable offences where the victim is an adult, a sentence of up to five years in prison applies.

If the victim is a child, the offence is straight indictable. The maximum prison sentence is 10 years, with a mandatory minimum penalty of six months for a first offense and one year for each subsequent offense.

For summary offences, the potential jail time is up to 18 months.

Receiving a financial or material benefit by commissioning off the purchase of a sexual service is a criminal offence under s.286.2 of the Criminal Code. Again, the sex worker is shielded from prosecution in such cases.

This offence includes receiving money or another material benefit from the prostitution of others. It covers commercial enterprises that offer sexual services for sale, meaning that the owners, managers or other workers in commercial enterprises knowingly involved in selling sexual services can be prosecuted.

The types of businesses held criminally liable for this offence in Ontario include strip clubs, massage parlours, and escort agencies. Any worker (other than the sex worker involved) who is aware of sexual services being advertised, sold, and procured is liable for criminal penalties under the material benefit laws.

Material benefit offences are hybrid offences if the victim is an adult. Offenders are liable to the following penalties:

• Up to 10 years in prison for an indictable offence
• Up to 2 years less a day in jail and/or a $5,000 fine for a summary offence

If the victim is a child (under the age of 18), the offence is straight indictable with a minimum penalty of two years incarceration and a maximum sentence of 14 years.

While the penalties are harsh, several valid defences may apply if you are charged with prostitution offences in Ontario.  A seasoned criminal defence lawyer will establish the facts of the case and the evidence against you, and devise a defence strategy that limits the potential consequences.

To understand your legal options if you are charged with procuring, advertising or materially benefitting from prostitution, speak to one of our criminal defence lawyers in Ottawa during a free consultation.

A charge for any sexual offence comes with the potential for jail time, a lifelong criminal record and mandatory registration on the Ontario Sex Offender Registry. There can also be significant reputational damage — even if the complainant’s accusations are untrue.

In most cases, it is best to consult with a sexual offence lawyer who has experience in this type of criminal case. Your defence lawyer can help secure your release with the least stringent bail conditions and then start preparing a defence based on the available evidence.

Even if the complainant decides to withdraw the accusations, the Crown prosecution may still decide to proceed with the charges. If the case proceeds, the trial may not take place for 6-12 months, during which time your lawyer will communicate with the prosecution on your behalf to see whether the matter can be resolved in your best interests.

If a trial is necessary, testimony from the accused and the complainant will likely be used to determine if the sexual activity was consensual. This may be the key evidence in the trial.

For the best possible chance of successfully defending a sexual offence charge, speak to one of Affordable Defence’s criminal lawyers, located in Ottawa, for a free consultation. Call us at (613) 223-4089 or contact us directly online.