INTRODUCTION AND BRIEF DESCRIPTION
This section criminalizes being an inmate or found in a common bawdy-house, or knowingly allowing a place to be used for these purposes.
SECTION WORDING
210(2) Every one who (a) is an inmate of a common bawdy-house, (b) is found, without lawful excuse, in a common bawdy-house, or (c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house, is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 210(2) of the Criminal Code of Canada criminalizes the act of being an inmate in a common bawdy-house or being found in such a place without a lawful excuse. It also makes it an offence for someone, such as an owner, landlord, tenant, or occupier, to knowingly permit a place or any part thereof to be used as a common bawdy-house. A common bawdy-house refers to any place where prostitution, or the sale of sexual services, occurs regularly, such as a brothel or massage parlour. The purpose of this section is to discourage and prevent the operation of such establishments, as they are considered harmful to public morality and a threat to public health and safety. The penalty for violating this section is a summary conviction, which is a less severe punishment than an indictable offence. This means that the violator can face fines and/or imprisonment for a maximum of six months. This section is part of Canada's laws aimed at preventing exploitation and abuse of vulnerable individuals, particularly women and children, who may be coerced into prostitution or forced to work in such establishments. It also seeks to discourage the spread of sexually transmitted infections, which can easily be transmitted in these environments. In summary, Section 210(2) of the Criminal Code of Canada is designed to discourage and prevent the operation of common bawdy-houses and to protect vulnerable individuals from exploitation and abuse. Those who violate this section can face fines and/or imprisonment as a punishment for their actions.
COMMENTARY
Section 210(2) of the Criminal Code of Canada aims to address the issue of prostitution and the places commonly associated with it, such as bawdy houses. The section stipulates that individuals who are inmates of a common bawdy house, found without lawful excuse in such a place, or those who knowingly permit a place to be used for the purposes of a common bawdy house, are guilty of an offense punishable on summary conviction. The section recognizes that prostitution is a reality in society and that individuals engage in it for various reasons, including financial gain. However, it also recognizes that the public has a legitimate interest in the regulation of such activities to maintain public order and decency. On the face of it, the section criminalizes certain aspects of prostitution, specifically patronizing or operating a bawdy house. The section aims to deter individuals from engaging in activities related to prostitution, including operating or using a bawdy house. The penalties for violating this section include fines and/or imprisonment for a period of up to six months. In practice, however, the application of this section has been controversial. Many argue that prostitution, while morally questionable, can be a profession like any other and that individuals engaged in the trade should be protected. Those in opposition to the section argue that it perpetuates harm against sex workers, especially those working in bawdy houses where they may be subjected to exploitation, abuse, and violence. Critics also argue that the section contributes to the societal stigma attached to prostitution, which can further endanger sex workers. Furthermore, the section creates a legal conundrum where sex work itself is not illegal, but bawdy houses and living off the avails of prostitution are. This has raised concerns that the section unfairly targets certain aspects of prostitution, namely those that involve selling sex indoors or in a place where prostitution is thought to be more organized. Overall, while section 210(2) of the Criminal Code of Canada aims to regulate prostitution by criminalizing certain aspects of it, it remains a controversial issue with no clear consensus on how to address it. The section criminalizes aspects of prostitution that are likely to be detrimental to the public, but it also raises concerns about the protection of those involved in the trade. In conclusion, the section highlights the complexity of regulating prostitution to the satisfaction of all stakeholders.
STRATEGY
Section 210(2) of the Criminal Code of Canada criminalizes certain activities related to common bawdy-houses, making it an offense to be an inmate of such a place, to be found there without lawful excuse, or to knowingly permit a place to be used for the purposes of a common bawdy-house. As such, strategic considerations when dealing with this provision of the Criminal Code of Canada could include careful examination of the facts and evidence in each case, as well as a thorough understanding of the law and its application in similar cases. One important strategic consideration when dealing with section 210(2) is to carefully examine the facts of the case to determine whether the accused falls within the scope of the provision. For example, in cases where a person is charged with being an inmate of a common bawdy-house, the Crown must prove that the accused was living at the house and participating in its illegal activities. Similarly, in cases where a person is charged with being found in a common bawdy-house without lawful excuse, the Crown must prove that the accused was present in the house and did not have a valid reason for being there. Another strategic consideration when dealing with section 210(2) is to carefully analyze the evidence in the case and assess its strength. This may involve examining witness statements, police reports, surveillance video, and other types of evidence. Depending on the strength of the evidence, a defence lawyer may choose to negotiate a plea bargain or take the case to trial. A third strategic consideration when dealing with section 210(2) is to thoroughly understand the law and its application in similar cases. This may involve researching case law and consulting with colleagues who have experience in these types of cases. Understanding the law and its application can help a defence lawyer to identify possible legal defences, such as arguing that the accused did not know that the place was being used for illegal activities or that there was no evidence connecting the accused to the illegal activities. Overall, some strategies that could be employed when dealing with section 210(2) include careful examination of the facts and evidence, thorough analysis of the strength of the evidence, and a strong understanding of the law and its application in similar cases. By employing these strategies, a defence lawyer may be able to mount a strong defence on behalf of their client and secure a more favourable outcome in the case.