210(1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment tor a term not exceeding two years.
(b) is found, without lawful excuse, in a common bawdy-house, or
The applicants argued as follows: The common bawdy-house
provisions prevented sex trade workers from delivering services from fixed indoor locations (including safe houses) with attendant security features, consigning them to less safe locations such as the street or areas over which they did not exercise adequate control.
As in the discussion of the bawdy-house
provision, the Court seems to assume that even if the prohibition went some way toward achieving its purpose, the resulting abatement of nuisance would not justify the dangers: "If screening could have prevented one woman from jumping into Robert Pickton's car, the severity of the harmful effects is established." (39)
The majority opinion of the Ontario Court of Appeal, released in 2012, agreed with Judge Himel that the bawdy-house
and living on the avails sections were unconstitutional for their violation of s.7's guarantee of security of the person.
The majority began its section 7 analysis by examining the bawdy-house
Because the bawdy-house
provisions assign criminal liability to those direct participants who do not contribute to neighbourhood disorder, or threats to public health or safety, they are overly-broad as they restrict liberty and security of the person more than is necessary to accomplish their goal.
Though male bawdy-house
patrons resisted such a concept, and struck out against those attempting to arrest them, they were also complicit, to some extent.
Although the bawdy-house
provision was not arbitrary in itself, it had the effect of being arbitrary when taken together with the other provisions.
Under subsection 197(1) of the Criminal Code, a "common bawdy-house
means a place that is
It started after three sailors were robbed in a bawdy-house
, called the Crown Tavern.
Police duly charged Labaye with violating section 210 (1) of the Criminal Code, which provides: "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." In section 197(1), the Code states:
By perseverance and fortitude we have the prospect of a glorious issue; by cowardice and submission, the sad choice of a variety of evils--a ravaged country--a depopulated city--habitations without safety, and slavery without hope--our homes turned into barracks and bawdy-houses
for Hessians, and a future race to provide for, whose fathers we shall doubt of.
An English soldier in 1747 remarked on the "vast Numbers of Bawdy-Houses
in this Street; which amongst the Frequenters of it is a common question to ask, If they have got a Pair of Canon-Gate Breeches meaning, the venereal Disease, which rages here." (20) Young girls were told that the women they saw carrying lanterns were providing a useful ser vice by running errands and "Lighting Gentlemen home at Night." (21) But the young men knew better.