INTRODUCTION AND BRIEF DESCRIPTION
When someone is convicted of an offense related to a common bawdy-house, the court must notify the property owner or their agent.
SECTION WORDING
210(3) Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section.
EXPLANATION
Section 210(3) of the Criminal Code of Canada imposes a duty on the court to serve a notice of conviction to the owner, landlord, or lessor of the property where a person has been convicted of an offense under subsection (1). Subsection (1) of section 210 deals with the offense of keeping or being found in a common bawdy-house. A bawdy-house refers to a property used for prostitution-related activities. The notice of conviction must be served on the owner, landlord, or lessor of the property to inform them of the illegal activities taking place on their property. This duty is imposed on the court to ensure that property owners are not complicit in criminal offenses or turning a blind eye towards illegal activities taking place on their property. The notice of conviction must contain a statement indicating that it is being served pursuant to section 210(3) of the Criminal Code. This emphasizes the importance of notifying property owners of the illegal activities taking place on their property and puts them on notice that they must take appropriate steps to prevent such activities from taking place in the future. In summary, section 210(3) of the Criminal Code of Canada plays a crucial role in ensuring that property owners are aware of illegal activities taking place on their property and are held accountable for any complicity in said activities. It serves as a deterrent to property owners who might be tempted to turn a blind eye towards illegal activities taking place on their property and encourages them to take proactive steps to prevent such activities from occurring.
COMMENTARY
Section 210(3) of the Criminal Code of Canada is a legal provision that mandates a notice of conviction to be served on the owner, landlord or lessor of a property where an offence under subsection (1) of the same section has been committed. This provision is meant to create accountability among property owners and to discourage them from turning a blind eye to illegal activities undertaken within their premises. The offence mentioned in subsection (1) pertains to keeping or being found in a common bawdy-house, which is a place that is used continuously or intermittently for the practice of illicit sexual activity. This provision is part of Canada's moral and social fabric, which considers the solicitation of sex in public to be morally corrupt. Therefore, any individual or establishment that engages in such practices is deemed to be breaking the law and is subject to prosecution under this section. Notably, the notice of conviction served under Section 210(3) is not arbitrary. It must contain a statement informing the recipient that the notice is being served under this section. Additionally, it serves as a means of creating awareness amongst property owners about the activities that are being perpetrated within their premises. It also serves as a deterrent to landlords who may be tempted to ignore such activities for the sake of financial gain. Nevertheless, some have criticized the provision as being ineffective. Critics argue that the section is not achieving its intended purpose as information regarding sent notices of conviction does not appear to be captured the way it should be. Further criticism arises in the uncertainties about the extent to which property owners can prevent such offences from reoccurring. For instance, a landlord may evict a tenant for illicit activities in a rental property, but the tenant may simply set up shop elsewhere. Nevertheless, to give the provision teeth, the public prosecutors in Canada have leveraged the provision to create a deterrent against property owners who would allow the practice of sex work in their premises. In one case, the owner of a notorious brothel in Toronto was charged with three charges of keeping a bawdy-house and was ordered to pay up to $425,000 in fines, besides other substantial sentences. Most property owners would not want to expose themselves to such penalties, and therefore, are likely to take steps to prevent such misconducts. In conclusion, Section 210(3) of the Criminal Code of Canada serves as an essential cog in the wheel of prosecution against bawdy-house offences. It discourages property owners from allowing their premises to be used for illegal activities and reinforces accountability measures for landlords. Even though there have been concerns about the extent to which the provision repeals such offences, its inclusion in the Criminal Code underscores Canada's commitment to preventing illicit sexual activity from manifesting itself in public spaces.
STRATEGY
Section 210(3) of the Criminal Code of Canada requires convicted offenders to have a notice of their conviction served to the owner, landlord, or lessor of the place where the offence occurred. This provision imposes a significant burden on these property owners, as they may face negative public perception, financial implications, and legal consequences. As such, it is crucial to consider some strategic approaches to mitigate the risks associated with this provision. One strategy to employ is to have a consultation with legal counsel to understand the implications of this provision and the potential risks that arise from serving a notice of conviction. This would enable property owners to prepare an appropriate response strategy that would minimize the harm caused by public perception. Legal advice can also be crucial in identifying any potential loopholes or strategies to challenge the application of this provision in a given circumstance. Property owners can also consider developing strong relationships with their tenants to ensure that they comply with all relevant laws and regulations. This would not only reduce the risk of convictions occurring on their properties, but it would also enable them to be notified of any criminal activity taking place in the property. As a result, they would be in a better position to respond proactively to any legal challenges that could arise from the application of this provision. Another critical strategy is to ensure that landlords have robust insurance policies that cover the risks associated with this provision. This includes coverage for legal costs and public relations expenses that may arise from the notification of the conviction. Having such coverage would reduce the impact of this provision on the property's financial position and enable them to respond proactively to any legal action that may follow. Property owners can also work with local law enforcement and legal authorities to understand the scope and application of this provision regularly. Doing so would enable them to stay updated on any changes or amendments to the law and ensure that they are complying with all legal requirements. This would reduce the risk of convictions occurring on their properties and enable them to respond proactively to any legal action that may follow. In conclusion, Section 210(3) of the Criminal Code of Canada places a significant burden on property owners in Canada. However, with careful strategic planning, legal advice, tenant management, and adequate insurance coverage, the risks associated with this provision can be mitigated significantly. Property owners must take a proactive approach to managing this risk and work with the relevant authorities to comply with all legal requirements.