INTRODUCTION AND BRIEF DESCRIPTION
Section 211 criminalizes transporting someone to a common bawdy-house.
SECTION WORDING
211 Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 211 of the Criminal Code of Canada is focused on prostitution-related offences where an individual knowingly conducts certain activities related to bawdy houses. A bawdy house is defined as any place that is regularly or habitually used for prostitution or the conduct of prostitution-related activities like solicitation, procuring, or advertising. This section makes it an offence for anyone to knowingly take, transport, direct, or offer to take or direct any other person to a common bawdy-house. The emphasis is on the knowledge of the individual's actions, which effectively criminalizes any attempt by someone to facilitate the act of prostitution. The phrase "common bawdy-house" is used in Section 211, and it refers to a place that is used for common or habitual prostitution. An individual who knowingly takes someone to such a place, even if they don't participate directly in prostitution, can be held criminally responsible for contributing to this harmful activity. The punishment for violating Section 211 of the Criminal Code of Canada is a fine or imprisonment for a term not exceeding six months, or both. This provision serves to deter individuals from encouraging or enabling acts that perpetuate prostitution or exploit vulnerable individuals, particularly women and minors. Overall, Section 211 of the Criminal Code of Canada is a critical component of the legal framework that seeks to curtail prostitution-related activities. It acknowledges the harmful nature of prostitution and works to prevent individuals from facilitating the same. The provision's enforcement aims to protect individuals and communities from the harms associated with prostitution and related activities.
COMMENTARY
Section 211 of the Criminal Code of Canada criminalizes the act of knowingly taking, transporting, directing or offering to take, transport, or direct another person to a common bawdy-house. The provision aims at curbing prostitution and the operation of brothels by targeting individuals who facilitate the use of such establishments. This commentary examines the background and implications of Section 211. The practice of prostitution has been a contentious issue in Canada for decades. Prostitution is defined as the exchange of sexual services for money or other forms of consideration. Although it is not illegal to sell sex in Canada, many activities related to prostitution are criminalized under the Criminal Code. For instance, living off the avails of prostitution, communicating for the purpose of prostitution, and operating or being found in a bawdy-house are all criminal offenses. Section 211 targets individuals who aid or promote the use of bawdy-houses. A bawdy-house is defined under Section 197 of the Criminal Code as any place that is used for the purpose of prostitution or the practice of acts of indecency. The section does not make it an offense to operate a bawdy-house but rather to facilitate its use. This means that the individuals targeted by Section 211 are those who knowingly enable others to access bawdy-houses. Section 211 operates as a summary conviction offense, meaning that a trial judge can impose a maximum sentence of a $5,000 fine or six months imprisonment. This makes it a less serious offense compared to charges for communicating for the purpose of prostitution, which can attract a sentence of up to five years in prison. However, a conviction under Section 211 can still have significant repercussions on an individual's life, such as losing their job, tarnishing their reputation, and limiting their future employment opportunities. The constitutionality of Section 211 has been challenged in court several times. In the 2010 case of Canada (Attorney General) v. Bedford, the Supreme Court of Canada struck down some provisions of the Criminal Code related to prostitution, including the living off the avails provision and the communication provision. The court found that these provisions violated sex workers' rights to safety and security. However, the court upheld the provision on bawdy-house offenses, including Section 211, stating that it was necessary to maintain public order and protect communities from nuisances associated with bawdy-houses. Critics of Section 211 argue that it is misguided and ineffective in addressing the issue of prostitution. They argue that criminalizing the facilitation of prostitution does not deter people from participating in the sex trade but rather drives it further underground, increasing the risks to the safety and well-being of sex workers. Some critics also argue that Section 211 contributes to the stigmatization of sex work and perpetuates harmful stereotypes about sex workers, particularly women. In conclusion, Section 211 of the Criminal Code of Canada criminalizes the facilitation of access to bawdy-houses, which are places used for the purpose of prostitution or indecency. While the provision is aimed at curbing prostitution, its effectiveness remains debated. Despite its drawbacks, Section 211 remains valid and enforceable under Canadian law, as the Supreme Court has upheld its constitutionality. Moving forward, policymakers and society at large must grapple with the complex and multifaceted issues surrounding prostitution, keeping in mind the need to strike a balance between public safety, individual choice, and human rights.
STRATEGY
Section 211 of the Criminal Code of Canada is a provision that criminalizes those who knowingly take, transport, direct, or offer to take, transport or direct, any other person to a common bawdy-house. This section is intended to discourage the use of bawdy-houses and the prostitution industry that is often associated with them. However, the criminalization of individuals who engage in the transportation or directing of others to these locations can have significant implications for certain industries and communities. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. Firstly, it is essential to understand the definition of a common bawdy-house according to Canadian law. This is important because the offense occurs only when an individual is knowingly taking, transporting, directing, or offering to transport or direct someone else to a common bawdy-house. This means that those who are involved in transporting or directing individuals to other locations, such as strip clubs, would not be guilty of an offense under this section of the Criminal Code. Another strategic consideration is the potential impact that this section of the Criminal Code could have on certain industries, such as transportation. For example, if a taxi driver unknowingly transports a person to a common bawdy-house, they would not be guilty of an offense under this section. However, if the driver is aware that they are transporting someone to such a location, they may be held criminally responsible. This could have significant implications for taxi companies and other transportation providers, who may need to implement policies to ensure that drivers are not knowingly transporting individuals to common bawdy-houses. One strategy that could be employed when dealing with this section of the Criminal Code is education and awareness. By educating individuals on the definition of a common bawdy-house and the potential consequences of transporting or directing others to such locations, it may be possible to reduce the number of individuals who engage in this behavior. Additionally, it may be beneficial to provide training to those in industries that are likely to be impacted by this section of the Criminal Code, such as transportation or hospitality, to ensure that they are aware of the law and its implications. Another strategy that could be employed is the development of alternative services for individuals who are involved in prostitution or the use of bawdy-houses. Programs such as drug treatment, counseling, and job training could provide individuals with the support and resources they need to leave the prostitution industry and find alternative means of support. By investing in these programs, it may be possible to reduce the demand for common bawdy-houses and ultimately reduce the number of individuals who are transported or directed to these locations. In conclusion, section 211 of the Criminal Code of Canada is a provision that criminalizes those who knowingly take, transport, direct, or offer to take, transport, or direct others to a common bawdy-house. When dealing with this section of the Criminal Code, it is essential to consider the potential impact on industries and communities. Strategies such as education and awareness, training, and the development of alternative services could be employed to mitigate the impact of this section of the Criminal Code and reduce the number of individuals who engage in this behavior.