Keeping a Common Bawdy-house (Repealed Offence): Difference between revisions
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{{LevelZero}}{{HeaderOffences}} | [[fr:Tenue d’une maison de débauche (infraction)]] | ||
{{LevelZero}}{{HeaderOffences}}{{HeaderRepealedOffences}} | |||
{{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|IndictableDisp= {{OBDispSame}} |IndictableMin= {{OBMinNone}} |IndictableMax= {{OBTime|2 years}} }} | ; Repealed September 19, 2019 (Bill C-75) | ||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== | ==Overview== | ||
{{OverviewVII|keeping a common bawdy-house}} | {{OverviewVII|keeping a common bawdy-house}} | ||
==Offence Wording== | ==Offence Wording== | ||
{{ | {{quotation2| | ||
; Keeping common bawdy-house | |||
210 | 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> | <br> | ||
; Landlord, inmate, etc. | |||
(2) Every one who | (2) Every one who | ||
:(a) is an inmate of a common bawdy-house, | :(a) is an inmate of a common bawdy-house, | ||
| Line 60: | Line 33: | ||
is guilty of an offence punishable on summary conviction. | is guilty of an offence punishable on summary conviction. | ||
<br> | <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. | (3) Where a person is convicted of an offence under subsection (1) {{AnnSec2|210(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> | <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. | (4) Where a person on whom a notice is served under subsection (3) {{AnnSec2|210(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) {{AnnSec2|210(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) {{AnnSec2|210(1)}} unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence. | ||
<br> | <br> | ||
R.S., c. C-34, s. 193. | R.S., c. C-34, s. 193. | ||
| | {{Annotation}} | ||
|{{CCCSec2|210}} | |||
|{{NoteUp|210|1|2|3|4}} | |||
}} | }} | ||
{{ | {{quotation2| | ||
; 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. | 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> | <br> | ||
R.S., c. C-34, s. 194. | R.S., c. C-34, s. 194. | ||
| | |{{CCCSec2|211}} | ||
|{{NoteUp|211}} | |||
}} | }} | ||
| Line 82: | Line 58: | ||
{{ElementLeft}} | {{ElementLeft}} | ||
{{Proving|keeping a common bawdy house|210(1)}}<ref> | {{Proving|keeping a common bawdy house|210(1)}}<ref> | ||
{{CanLIIRP|Labaye|1m76r|2005 SCC 80 (CanLII)|[2005] 3 SCR 728}}{{perSCC-H|McLachlin CJ}}{{atL|1m76r|62}}</ref> | |||
{{InitialElements}} | {{InitialElements}} | ||
# {{box}} the culprit's conduct, by its nature, caused harm or presented a significant risk of harm to individuals or society | # {{box}} the culprit's conduct, by its nature, caused harm or presented a significant risk of harm to individuals or society | ||
| Line 106: | Line 83: | ||
The categories of harm is not a closed list.<ref> | The categories of harm is not a closed list.<ref> | ||
{{CanLIIRP|Labaye|1m76r|2005 SCC 80 (CanLII)|[2005] 3 SCR 728}}{{perSCC-H|McLachlin CJ}} | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
| Line 112: | Line 89: | ||
===Keeping=== | ===Keeping=== | ||
For there be "keeping", it must be: | For there be "keeping", it must be:<ref> | ||
<ref> | {{CanLIIRP|Corbeil|1fsmh|1991 CanLII 96 (SCC)|[1991] 1 SCR 830}}{{perSCC|Lamer CJ}} | ||
</ref> | </ref> | ||
# that the accused have some degree of control over the care and management of the premises, and | # that the accused have some degree of control over the care and management of the premises, and | ||
| Line 124: | Line 100: | ||
Providing accommodations necessarily amounts to "keeping". | Providing accommodations necessarily amounts to "keeping". | ||
<ref> | <ref> | ||
{{CanLIIRP|McLellan|23lx1|1980 CanLII 330 (BC CA)|55 CCC (2d) 543}}{{perBCCA|Nemetz CJ}} ("The provisions of accommodation is the essence of keeping") | |||
</ref> | </ref> | ||
| Line 132: | Line 108: | ||
Section 197(1) defines "common bawdy-house" as: | Section 197(1) defines "common bawdy-house" as: | ||
{{ | {{quotation2| | ||
197(1) In this Part,<br> | 197 (1) In this Part {{AnnSec|Part VII}},<br>{{Ellipsis}} | ||
“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; | <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>{{ellipsis}} | ||
R.S., 1985, c. C-46, s. 197; R.S., 1985, c. 27 (1st Supp.), s. 29; 2014, c. 25, s. 12. | 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. | ||
|{{CCCSec2|197}} | |||
|{{NoteUp|197|1}} | |||
}} | }} | ||
"Kept" refers to the "frequent or habitual activity" | "Kept" refers to the "frequent or habitual activity."<ref> | ||
{{CanLIIRP|Rockert et al|1tx4v|1978 CanLII 31 (SCC)|[1978] 2 SCR 704}}{{perSCC|Estey J}}<br> | |||
{{CanLIIRP|Patterson|1tvv4|1967 CanLII 22 (SCC)|[1968] SCR 157}}{{perSCC-H|Spence J}}<br> | |||
R c Lahaie | {{CanLIIRPC|R c Lahaie|1pj6v|1990 CanLII 3271 (QC CA)|55 CCC (3d) 572}}{{TheCourt}}<br> | ||
</ref> | </ref> | ||
A common bawdy-house can include any fixed area where acts of prostitution occur. It can include parking lots.<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)| CCC (2d) 388}}{{perONCA|MacKinnon CJ}}</ref> | |||
A massage parlour where the messages will include offers of masturbation may not be "houses of prostitution" | A massage parlour where the messages will include offers of masturbation may not be "houses of prostitution."<ref> | ||
{{CanLIIRx|Ponomarev|1rvtb|2007 ONCJ 271 (CanLII)}}{{perONCJ|Chisvin J}} | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
==Sentencing Principles and Ranges== | ==Sentencing Principles and Ranges== | ||
{{seealsoSentencing}} | {{seealsoSentencing}} | ||
{{seealsoSentencingSexual}} | {{seealsoSentencingSexual}} | ||
===Ranges=== | ===Ranges=== | ||
{{seealsoRanges|Keeping a Common Bawdy-house}} | {{seealsoRanges|Keeping a Common Bawdy-house}} | ||
==See Also== | ==See Also== | ||
| Line 223: | Line 147: | ||
[[Category:Straight Summary Offences]] | [[Category:Straight Summary Offences]] | ||
Latest revision as of 20:18, 7 September 2024
- 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)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Minimum | None |
| Maximum | 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019) |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Minimum | None |
| Maximum | 2 years incarceration |
| Reference | |
| Offence Elements Sentence Digests | |
Overview
Offences relating to keeping a common bawdy-house are found in Part VII of the Criminal Code relating to "Disorderly Houses, Gaming and Betting".
Offence Wording
- 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.
- 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.
- 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.
- 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.
R.S., c. C-34, s. 193.
[annotation(s) added]
Proof of the Offence
|
Proving keeping a common bawdy house under s. 210(1) should include:[1]
|
Proving transporting person to bawdy-house under s. 211 should include:
|
- ↑ R v Labaye, 2005 SCC 80 (CanLII), [2005] 3 SCR 728, per McLachlin CJ, at para 62
Interpretation of the Offence
The categories of harm is not a closed list.[1]
- ↑ R v Labaye, 2005 SCC 80 (CanLII), [2005] 3 SCR 728, per McLachlin CJ
Keeping
For there be "keeping", it must be:[1]
- 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.[2]
Providing accommodations necessarily amounts to "keeping". [3]
- ↑ R v Corbeil, 1991 CanLII 96 (SCC), [1991] 1 SCR 830, per Lamer CJ
- ↑ Corbeil, ibid.
- ↑ R v McLellan, 1980 CanLII 330 (BC CA), 55 CCC (2d) 543, per Nemetz CJ ("The provisions of accommodation is the essence of keeping")
"Common Bawdy-house"
Section 197(1) defines "common bawdy-house" as:
197 (1) In this Part [Pt. VII – Disorderly Houses, Gaming and Betting (ss. 197 to 213)],
...
“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;...
R.S., 1985, c. C-46, s. 197; R.S., 1985, c. 27 (1st Supp.), s. 29; 2014, c. 25, s. 12.
Repealed on September 19, 2019 with enactment of 2019, c. 25.
"Kept" refers to the "frequent or habitual activity."[1]
A common bawdy-house can include any fixed area where acts of prostitution occur. It can include parking lots.[2]
A massage parlour where the messages will include offers of masturbation may not be "houses of prostitution."[3]
- ↑
R v Rockert et al, 1978 CanLII 31 (SCC), [1978] 2 SCR 704, per Estey J
R v Patterson, 1967 CanLII 22 (SCC), [1968] 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
Ranges
See Also
- References
| |||||