Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25)
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Assented to 2014-11-06
Protection of Communities and Exploited Persons Act
S.C. 2014, c. 25
Assented to 2014-11-06
An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts
SUMMARY
This enactment amends the Criminal Code to, among other things,
(a) create an offence that prohibits purchasing sexual services or communicating in any place for that purpose;
(b) create an offence that prohibits receiving a material benefit that derived from the commission of an offence referred to in paragraph (a);
(c) create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet;
(d) modernize the offence that prohibits the procurement of persons for the purpose of prostitution;
(e) create an offence that prohibits communicating — for the purpose of selling sexual services — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre;
(f) ensure consistency between prostitution offences and the existing human trafficking offences; and
(g) specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will.
The enactment also makes consequential amendments to other Acts.
Preamble
Whereas the Parliament of Canada has grave concerns about the exploitation that is inherent in prostitution and the risks of violence posed to those who engage in it;
Whereas the Parliament of Canada recognizes the social harm caused by the objectification of the human body and the commodification of sexual activity;
Whereas it is important to protect human dignity and the equality of all Canadians by discouraging prostitution, which has a disproportionate impact on women and children;
Whereas it is important to denounce and prohibit the purchase of sexual services because it creates a demand for prostitution;
Whereas it is important to continue to denounce and prohibit the procurement of persons for the purpose of prostitution and the development of economic interests in the exploitation of the prostitution of others as well as the commercialization and institutionalization of prostitution;
Whereas the Parliament of Canada wishes to encourage those who engage in prostitution to report incidents of violence and to leave prostitution;
And whereas the Parliament of Canada is committed to protecting communities from the harms associated with prostitution;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Protection of Communities and Exploited Persons Act.
R.S., c. C-46CRIMINAL CODE
Marginal note:1995, c. 39, s. 138(1)
2. The portion of the definition “weapon” in section 2 of the Criminal Code after paragraph (b) is replaced by the following:
and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will;
3. Subsection 7(4.1) of the Act is amended by replacing the reference to “212(4)” with a reference to “286.1(2)”.
4. Subsection 150.1(5) of the Act is amended by replacing the reference to “212(2) or (4)” with a reference to “286.1(2), 286.2(2) or 286.3(2)”.
5. (1) Paragraph 161(1.1)(a) of the Act is amended
(a) by replacing the reference to “173(2) or 212(1), (2), (2.1) or (4) or” with a reference to “173(2),”; and
(b) by replacing the reference to “273, 280 or 281” with a reference to “273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2)”.
(2) Subsection 161(1.1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) an offence under subsection 212(1) (procuring), 212(2) (living on the avails of prostitution of person under 18 years), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years) or 212(4) (prostitution of person under 18 years) of this Act, as it read from time to time before the day on which this paragraph comes into force.
Marginal note:1993, c. 46, s. 3(1); 2005, c. 32, ss. 8(1)(F) and (2)
6. (1) Subsection 164(1) of the Act is replaced by the following:
Marginal note:Warrant of seizure
164. (1) A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or any written material, if the judge is satisfied by information on oath that there are reasonable grounds to believe that
(a) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording;
(b) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, as defined in section 163;
(c) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography as defined in section 163.1; or
(d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement of sexual services.
Marginal note:2005, c. 32, s. 8(3)
(2) Subsections 164(3) to (5) of the Act are replaced by the following:
Marginal note:Owner and maker may appear
(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography, a voyeuristic recording or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
Marginal note:Order of forfeiture
(4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Marginal note:Disposal of matter
(5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.
Marginal note:2005, c. 32, s. 8(4)
(3) Subsection 164(7) of the Act is replaced by the following:
Marginal note:Consent
(7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 163, 163.1 or 286.4 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.
(4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:
“advertisement of sexual services”
« publicité de services sexuels »
“advertisement of sexual services” means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4.
Marginal note:2005, c. 32, s. 9(1)
7. (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant of seizure
164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording or an advertisement of sexual services available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to
Marginal note:2005, c. 32, s. 9(2)
(2) Subsection 164.1(5) of the Act is replaced by the following:
Marginal note:Order
(5) If the court is satisfied, on a balance of probabilities, that the material is child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording or the advertisement of sexual services available, it may order the custodian of the computer system to delete the material.
Marginal note:2005, c. 32, s. 9(3)
(3) Subsection 164.1(7) of the Act is replaced by the following:
Marginal note:Return of material
(7) If the court is not satisfied that the material is child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording or the advertisement of sexual services available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).
Marginal note:2012, c. 1, s. 21
8. Paragraph 171.1(1)(a) of the Act is replaced by the following:
(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);
Marginal note:2012, c. 1, s. 22(1)
9. Paragraph 172.1(1)(a) of the Act is replaced by the following:
(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);
Marginal note:2012, c. 1, s. 23
10. Paragraph 172.2(1)(a) of the Act is replaced by the following:
(a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) with respect to another person who is, or who the accused believes is, under the age of 18 years;
Marginal note:2004, c. 15, s. 108
11. (1) Subparagraphs (a)(xxxv) to (xxxviii) of the definition “offence” in section 183 of the Act are repealed.
(2) The definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (a)(lii):
(lii.1) 286.1 (obtaining sexual services for consideration),
(lii.2) 286.2 (material benefit from sexual services),
(lii.3) 286.3 (procuring),
(lii.4) 286.4 (advertising sexual services),
12. (1) The definition “prostitute” in subsection 197(1) of the Act is repealed.
(2) The definition “common bawdy-house” in subsection 197(1) of the Act is replaced by the following:
“common bawdy-house”
« maison de débauche »
“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;
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