Criminal Law Notebook

Keeping a Common Bawdy-house (Repealed Offence)

Repealed September 19, 2019 (Bill C-75)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))
Summary Dispositions
Avail. Disp. Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
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]

– CCC (CanLII), (DOJ)

Note up: 210(1), (2), (3), and (4)

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.
R.S., c. C-34, s. 194.

– CCC (CanLII), (DOJ)

Note up: 211

Proof of the Offence

Proving keeping a common bawdy house under s. 210(1) should include:[1]

  1. ☐ identity of accused as culprit
  2. ☐ date and time of the incident
  3. ☐ jurisdiction (incl. region and province)
  4. ☐ the culprit's conduct, by its nature, caused harm or presented a significant risk of harm to individuals or society
  5. ☐ 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
    1. ☐ confronting members of the public with conduct that significantly interferes with their autonomy and liberty; or
    2. ☐ predisposing others to anti-social behaviour; or
    3. ☐ physically or psychologically harming persons involved in the conduct, and
  6. ☐ the harm or risk of harm is of a degree that is incompatible with the proper functioning of society.

Proving transporting person to bawdy-house under s. 211 should include:

  1. ☐ identity of accused as culprit
  2. ☐ date and time of the incident
  3. ☐ jurisdiction (incl. region and province)
  4. ☐ the culprit "takes, transports, directs, or offers to take, transport or direct, any other person"
  5. ☐ the destination is a "common bawdy-house"
  6. ☐ the act was done "knowingly"
  1. ↑ 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]

  1. ↑ R v Labaye, 2005 SCC 80 (CanLII), [2005] 3 SCR 728, per McLachlin CJ

Keeping

For there be "keeping", it must be:[1]

  1. that the accused have some degree of control over the care and management of the premises, and
  2. 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]

  1. ↑ R v Corbeil, 1991 CanLII 96 (SCC), [1991] 1 SCR 830, per Lamer CJ
  2. ↑ Corbeil, ibid.
  3. ↑ 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.

– CCC (CanLII), (DOJ)

Note up: 197(1)

"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]

  1. ↑ 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
  2. ↑ R v Pierce, 1982 CanLII 2153 (ON CA), CCC (2d) 388, per MacKinnon CJ
  3. ↑ R v Ponomarev, 2007 ONCJ 271 (CanLII), per Chisvin J

Sentencing Principles and Ranges

See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the Offence
For general principles on sentence for sexual offences, see Sexual Offences

Ranges

see also: Keeping a Common Bawdy-house (Sentencing Cases)

See Also

References
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