View source for Keeping a Common Bawdy-house (Repealed Offence)

{{LevelZero}}{{HeaderOffences}}{{HeaderRepealedOffences}}
; Repealed September 19, 2019 (Bill C-75)
{{OffenceBox 
|OffenceTitle=Keeping a Common Bawdy-house 
|OffencePage=Keeping a Common Bawdy-house 
|Section=210(1), (2) 
|Act={{OBCCC}} |CrownElection={{OBIndictableElection}} (210(1)) {{OBSummaryElection}} (210(2))
|Jurisdiction={{OBJurisdictionAbsolute}} (210(1), (2)) 
|Bail= {{OBBailVar}} |SummaryDisp= {{OBDispAll}}
|SummaryMin= {{OBMinNone}} 
|SummaryMax= {{OBSConviction}} 
|IndictableDisp= {{OBDispSame}} 
|IndictableMin= {{OBMinNone}} 
|IndictableMax= {{OBTime|2 years}} }}

==Overview==
{{OverviewVII|keeping a common bawdy-house}}

==Offence Wording==
{{quotation1|
; Keeping common bawdy-house
210. (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
<br>
; Landlord, inmate, etc.
(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.
<br>
; Notice of conviction to be served on owner
(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.
<br>
; Duty of landlord on notice
(4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.
<br>
R.S., c. C-34, s. 193.
|[{{CCCSec|210}} CCC]
}}

{{quotation1|
; Transporting person to bawdy-house
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.
<br>
R.S., c. C-34, s. 194.
|[{{CCCSec|211}} CCC]
}}

==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|keeping a common bawdy house|210(1)}}<ref>
''R v Labaye'', [http://canlii.ca/t/1m76r 2005 SCC 80] (CanLII), [2005] 3 SCR 728{{perSCC|McLachlin CJ}}{{atL|1m76r|62}}</ref>
{{InitialElements}}
# {{box}} the culprit's conduct, by its nature, caused harm or presented a significant risk of harm to individuals or society 
# {{box}} the risk was in a way that undermined or threatened to undermine a value reflected in and formally endorsed by the Constitution or other fundamental laws by
## {{box}} confronting members of the public with conduct that significantly interferes with their autonomy and liberty; or
## {{box}} predisposing others to anti-social behaviour; or
## {{box}} physically or psychologically harming persons involved in the conduct, and
# {{box}} the harm or risk of harm is of a degree that is incompatible with the proper functioning of society.

{{ElementRight}}

{{Proving|transporting person to bawdy-house|211}}
{{InitialElements}}
# {{box}} the culprit "takes, transports, directs, or offers to take, transport or direct, any other person"
# {{box}} the destination is a "common bawdy-house"
# {{box}} the act was done "knowingly"

{{ElementEnd}}

{{reflist|2}}

==Interpretation of the Offence==

The categories of harm is not a closed list.<ref>
''R v Labaye'', [http://canlii.ca/t/1m76r 2005 SCC 80] (CanLII), [2005] 3 SCR 728{{perSCC|McLachlin CJ}}
</ref>
{{reflist|2}}

===Keeping===

For there be "keeping", it must be:
<ref>
''R v Corbeil'', [http://canlii.ca/t/1fsmh 1991 CanLII 96] (SCC), [1991] 1 SCR 830{{perSCC|Lamer CJ}}
</ref>
# 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.<ref>
{{ibid1|Corbeil}}</ref>

Providing accommodations necessarily amounts to "keeping". 
<ref>
''R v McLellan'', [http://canlii.ca/t/23lx1 1980 CanLII 330] (BC CA){{perBCCA|Nemetz CJ}} ("The provisions of accommodation is the essence of keeping")
</ref>

{{reflist|2}}

==="Common Bawdy-house"===


Section 197(1) defines "common bawdy-house" as:
{{quotation1|
197(1) In this Part,<br>...
<s>“common bawdy-house” means, for the practice of acts of indecency, a place that is kept or occupied or resorted to by one or more persons;
<br>...<br></s>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 197; R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 29; {{LegHistory10s|2014, c. 25}}, s. 12.<br>
Repealed on September 19, 2019 with enactment of 2019, c. 25.
|[{{CCCSec|197}} CCC]
}}

"Kept" refers to the "frequent or habitual activity". <ref>
''R v Rockert et al.'', [http://canlii.ca/t/1tx4v 1978 CanLII 31] (SCC), [1978] 2 SCR 704{{perSCC|Estey J}}<br>
''R v Patterson'', [http://canlii.ca/t/1tvv4 1967 CanLII 22] (SCC), [1968] SCR 157{{perSCC|Spence J}}<br>
''R c Lahaie'', [http://canlii.ca/t/1pj6v 1990 CanLII 3271] (QC CA){{TheCourt}}<br>
</ref>

A common bawdy-house can include any fixed area where acts of prostitution occur. It can include parking lots.<ref>
{{CanLIIRP|Pierce|g15fb|1982 CanLII 2153 (ON CA)|(1982), 66 CCC (2d) 388 (Ont. C.A.)}}{{perONCA|MacKinnon CJ}}</ref>

A massage parlour where the messages will include offers of masturbation may not be "houses of prostitution".<ref>
''R v Ponomarev'', [http://canlii.ca/t/1rvtb 2007 ONCJ 271] (CanLII){{perONCJ|Chisvin J}}
</ref>

{{reflist|2}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}
{{seealsoSentencingSexual}}

===Ranges===
{{seealsoRanges|Keeping a Common Bawdy-house}}

==See Also==
; References
* [[Pre-Trial and Trial Motions Checklist]]

{{OffencesNavBar/Sexual}}

[[Category:Straight Summary Offences]]