Keeping a Common Bawdy-house (Repealed Offence)
- Repealed September 19, 2019 (Bill C-75)
|Keeping a Common Bawdy-house|
|s. 210(1), (2) of the Crim. Code|
|Election / Plea|
|Crown Election||Indictment (210(1)) Summary (210(2))|
summary proceedings must initiate within 12 months of the offence (786(2))
|Jurisdiction||Prov. Court only (210(1), (2))|
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1)
|Maximum||2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019)|
|Avail. Disp.||same as summary|
|Maximum||2 years incarceration|
Offences relating to keeping a common bawdy-house are found in Part VII of the Criminal Code relating to "Disorderly Houses, Gaming and Betting".
Proof of the Offence
Proving keeping a common bawdy house under s. 210(1) should include:
Proving transporting person to bawdy-house under s. 211 should include:
Interpretation of the Offence
The categories of harm is not a closed list.
For there be "keeping", it must be:
- that the accused have some degree of control over the care and management of the premises, and
- that the accused participate to some extent..., in the "illicit" activities of the common bawdy-house.
The accused does not need to participate in the sex acts, rather only participate in the use of the house as a bawdy-house.
Providing accommodations necessarily amounts to "keeping". 
Section 197(1) defines "common bawdy-house" as:
"Kept" refers to the "frequent or habitual activity". 
A common bawdy-house can include any fixed area where acts of prostitution occur. It can include parking lots.
A massage parlour where the messages will include offers of masturbation may not be "houses of prostitution".
R v Rockert et al, 1978 CanLII 31 (SCC),  2 SCR 704, per Estey J
R v Patterson, 1967 CanLII 22 (SCC),  SCR 157, per Spence J
R c Lahaie, 1990 CanLII 3271 (QC CA), 55 CCC (3d) 572, per curiam
- R v Pierce, 1982 CanLII 2153 (ON CA), CCC (2d) 388, per MacKinnon CJ
- R v Ponomarev, 2007 ONCJ 271 (CanLII), per Chisvin J
Sentencing Principles and Ranges
- For general principles on sentence for sexual offences, see Sexual Offences