Commodification of Sexual Services (Sentencing Cases)

This page was last substantively updated or reviewed August 2021. (Rev. # 93663)

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Offence Wording

Commodification of Sexual Activity

Obtaining sexual services for consideration

286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

(i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

(A) for a first offence, a fine of  $2,000, and

(B) for each subsequent offence, a fine of  $4,000, or

(ii) in any other case,

(A) for a first offence, a fine of  $1,000, and

(B) for each subsequent offence, a fine of  $2,000; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

(i) in the case referred to in subparagraph (a)(i) [comm. to obtain sexual services for consideration – near park, school, or religious grounds],

(A) for a first offence, a fine of  $1,000, and

(B) for each subsequent offence, a fine of  $2,000, or

(ii) in any other case,

(A) for a first offence, a fine of  $500, and

(B) for each subsequent offence, a fine of  $1,000.

Obtaining sexual services for consideration from person under 18 years

(2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(a) for a first offence, six months; and

(b) for each subsequent offence, one year.

[omitted (3), (4) and (5)]
2014, c. 25, s. 20; 2019, c. 25, s. 108.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Material benefit from sexual services

286.2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1) [comm. to obtain sexual services for consideration], is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction.

Material benefit from sexual services provided by person under 18 years

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2) [comm. to obtain sexual services for consideration — person under 18], is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.
[omitted (3), (4), (5) and (6)]
2014, c. 25, s. 20; 2019, c. 25, s. 109.

– CCC (CanLII), (DOJ)

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Procuring

286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1) [comm. to obtain sexual services for consideration], recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Procuring — person under 18 years

(2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2) [comm. to obtain sexual services for consideration — person under 18], recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.
2014, c. 25, s. 20.

– CCC (CanLII), (DOJ)

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Advertising sexual services

286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

2014, c. 25, s. 20; 2019, c. 25, s. 110.

– CCC (CanLII), (DOJ)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
2021
R v Aguilar, 2021 ONCJ 87 (CanLII), per Ghosh J	ON	PC	6 months imprisonment	Convicted under s. 286.1(2) and 172.1. Find summaries of case.
R v Bains, 2021 ABPC 20 (CanLII), per Semenuk J	AB	PC	5 years imprisonment	Convicted under s. 286.1(2), 172.1, 171.1 and 271. Find summaries of case.
2019
R v Baxter, 2019 NSPC 8 (CanLII), per van der Hoek J	NS	PC	2 months imprisonment, 1 year probation	Find summaries of case.
R v Safieh, 2019 ONSC 287 (CanLII), per McKelvey J	ON	SC		Find summaries of case.
2018
R v Rouse, 2018 NSSC 240 (CanLII), per Warner J	NS	SC	22 months imprisonment	Find summaries of case.
R v Alvi, 2018 ABPC 136 (CanLII), per Robertson J	AB	PC	90 days imprisonment	Offender was convicted under 286.1(2) Find summaries of case.
R v Gudmandson, 2018 MBPC 31 (CanLII), per Devine J	MB	PC		Convicted under s. 286.1(2) Find summaries of case.
2017
R v Mercer, 2017 NSPC 20 (CanLII), per Williston J	NS	PC	$500 fine	Find summaries of case.
2007
R v LDW, 2007 SKCA 79 (CanLII), per Wilkinson JA	SK	CA		"the court set aside a two-year conditional sentence order and imposed a sentence of 18 months’ imprisonment for two acts of obtaining the sexual services of a person under age 18 (the offender’s cousin), and a vicious assault on the offender’s wife." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
2006
R v Vanoirschot, 2006 SKCA 130 (CanLII), per Lane JA	SK	CA		"the court upheld a four-month prison sentence for an offender who solicited a 17-year-old who was working as a prostitute in Saskatoon. The offender was 61 years old at the time of sentencing and had no prior record." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
2005
R v BM, 2005 QCCA 1144 (CanLII), per Doyon JA	QC	CA	Suspended Sentence	"the court upheld a one-year suspended sentence. The accused was 68 years old and had tried to solicit a 15-year-old female for sexual services three times. He had no criminal record." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
R v Aldea, 2005 SKQB 461 (CanLII), per Zarzeczny J	SK	SC		"a conditional sentence order of 12 months for two offences was found to be a fit sentence. The offender was a 67-year-old Catholic priest who picked up two underage girls who were working as prostitutes and had sexual relations with them. He had relations with one girl four times, and one girl once." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
2004
R v Slater, 2004 SKQB 301 (CanLII)	SK	SC		"the offender was given an 18-month prison sentence followed by three years’ probation for six counts under s. 212(4). He offended against a number of young Aboriginal girls for a period of four years. He had a lengthy record, including a record for breaching court orders. It was on that basis that the court concluded that a conditional sentence order was not appropriate." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
2000
R v Goohsen, 2000 SKCA 37 (CanLII), per Tallis JA	SK	CA		"the accused had been sentenced at trial to a four-month conditional sentence order for an offence under s. 212(4). His appeal from conviction was dismissed and his sentence appeal was abandoned. No further details of the offence or offender are provided." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
R v Johnston, 2000 CanLII 16869 (ON CA), , 136 OAC 190 (CA), per LaBrosse JA	ON	CA		"the offender, a Crown attorney, was convicted of two counts under s. 212(4) and sentenced to three months’ imprisonment on one count and two months on the second count, to be served consecutively. The sentence was upheld on appeal. The offences involved two juvenile prostitutes, including one who had been a complainant in a rape case prosecuted by the offender. The sentencing judge in the case at bar distinguished Johnston on the basis that the court did not clearly find that the offender was in a position of trust with respect to the victims. The decision should not have been distinguished on this basis. A Crown counsel who obtains sexual services from an underage complainant, for money, is clearly in a position of trust." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
1999
R v Nathoo, 1999 ABCA 60 (CanLII), per Picard JA	AB	CA		"the court upheld a 90-day jail sentence for an offender who attempted to purchase sexual services from a girl he thought was 17 years old; she in fact was a police officer. He had no criminal record." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
1998
R v Wilson, 1998 CanLII 7201 (ON CA), , 40 WCB (2d) 388, per curiam	ON	CA		"the court changed a six-month jail sentence for one count of gross indecency and three counts of paying for the sexual services of a person under age 18 to a six-month conditional sentence order. No further facts are provided in the reasons." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
1997
R c Maheu, 1997 CanLII 10356 (QC CA), 116 CCC (3d) 361	QC	CA		"the court overturned a twelve-month conditional sentence order and imposed a twelve-month prison sentence for five offences under s. 212(4) and s. 153(1)(b) (invitation to sexual touching). The offender was a teacher who enticed a number of students, over a five-year period, to become financially and psychologically dependent on him so he could obtain their participation in sexual activities. The court overturned the conditional sentence because there was a risk of recidivism, and the community’s safety was at risk." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
1994
R v Leo, 1994 ABCA 223 (CanLII), per Hetherington JA	AB	CA		"the court reduced a one-year prison sentence to 90 days for an offender with no criminal record who pleaded guilty to one count under s. 212(4). The offender paid a third party for sexual intercourse with a girl he knew to be under the age of 18 years. He thought she was 16 years old, but she was in fact 14 years old. The offender was 40 years old and had a good work history:..." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
1993
R v Kowtalo, 1993 CanLII 14847 (MB CA), (1993), 41 W.A.C. 239, per Helper JA	MB	CA	60 days imprisonment	"the court reversed a two-year suspended sentence and imposed a sentence of 60 days to be served intermittently on an elderly offender who obtained sex for consideration from two complainants under the age of 18." (Quoting from R v JLM, 2017 BCCA 258 (CanLII)) Find summaries of case.
1990
R v MAR, (1990), 9 WCB (2d) 270 (NSCA)(*no CanLII links)	NS	CA		"the Court reversed a thirty-six-month prison sentence (18 months on each count, to be served consecutively), and imposed two six-month consecutive sentences, for a total of twelve months, for two counts under s. 212(4). The offender desisted when his victims refused his advances; however, the court noted that had a long record." (Quoting from R v JLM, 2017 BCCA 258 (CanLII))