Working in Alberta

[toban]

CCCanada, Bawdy Houses and municipal laws

[QUOTE=AlexisDVyne;341915] . . . . . No one ever gets busted for a bawdy house because it cannot be enforced on a single girl. . . . . . . .[/QUOTE]

If you check the law carefully (see 1 below) you will find it definitely can, and has been, in the past (see 2 below).

1. - Criminal Code of Canada:-http://laws-lois.justice.gc.ca/eng/a...-102.html#h-70

2. - Here is another link to a discussion re: bawdy house definition. http://www2.parl.gc.ca/content/lop/researchpublications/prb0330-e.htm#offences

I've copied a part of it below and underlined a relevant bit. Read further on in this paper you'll also find discussion of the municipal liscensing issue too:-

Section 197(1) defines the relevant terms. “Common bawdy-house” means a place that is kept or occupied, or resorted to by one or more persons, for the purpose of prostitution or to practise acts of indecency. Courts have interpreted this to mean that any defined space is capable of being a bawdy-house, from a hotel, to a house, to a parking lot – provided that there is frequent or habitual use of it for the purposes of prostitution or for the practice of acts of indecency,(18) and the premises are controlled or managed by prostitutes or individuals with a right or interest in that space.(19) Further, the test used to determine whether an act is indecent is a community standard of tolerance.(20) Within this framework, the interpretation of indecency will depend on context, taking into account factors such as consent, the composition of any audience and the level of privacy of the room, community reputation of the place, and any harm caused.(21) For example, if the room is private, or if there is no actual physical contact between a client and an entertainer, then an act is less likely to be labelled “indecent.”(22)

I can recall a case many years ago where in Winnipeg an escort was flagged at the request of the income tax people, whatever they were called at that time, because they suspected she was filing incorrect income figures. The RCMP and tax officers then put her and her home under surveilance for quite some period of time. In court there was testifimony as to the number of condoms found in her trash etc..and records of the number of clients in and out. From this they estimated her annual income and she was required to pay tax on that amount probably plus fines and penalties I suppose. She was convicted also on bawdy house charges. All of this was reported in the newspapers of the day.

[Alexis]

I can recall a case many years ago where in Winnipeg an escort was flagged at the request of the income tax people, whatever they were called at that time, because they suspected she was filing incorrect income figures. The RCMP and tax officers then put her and her home under surveilance for quite some period of time. In court there was testifimony as to the number of condoms found in her trash etc..and records of the number of clients in and out. From this they estimated her annual income and she was required to pay tax on that amount probably plus fines and penalties I suppose. She was convicted also on bawdy house charges. All of this was reported in the newspapers of the day.

Toban..

Just because a law states something doesn't mean shit..

It's how that law is applied and interpreted in a court of law by a judge or jury..

That's how laws work in Canada..

If a law is in the CC and it cannot be enforced effectively then it won't be enforced..

Many laws that have been struck down in the supreme court of Canada still exist in the CC..

These laws are no longer enforced and the bawdy house law is going this route soon..

There is now significant case law that lawyer can use to get almost any girl off of bawdy house charges unless she says the wrong things to the police if she ever gets arrested..

Anyhow.. I'm already stressed today..

I'll just be content knowing my ass is covered..

[Shyla Wild]

Just to be clear and on the record..

The people that come visit me do not pay me for sex..

They donate or give money to me as a gift and I spend my time with them..

I'm a slut and a nympho so the rest is easy to figure out..

Remember that it is not just sex. Acts of Indecency. BDSM falls under this. Also, do you get your "gift" at the beginning of a session or end? Would you still see these people if they don't bring a donation or gift? The government can prove this stuff. It's not the first time a girl has tried to use the same defense you just used. Make sure you have VERY good lawyer because it is not the first time that an escort has used that defense. They are ready for it.

As for tax. I declare income for a few reasons.

1. It's the law
2. Everyone uses social services and I could not use these things without paying for them. Medicare, parks, sidewalks are all things that our tax money goes to pay for. I would feel like a theft if I used these things without helping to pay for them. I am not judging or calling others a thief, please don't think this. To each his or her own, but I can't do it.
3. I can write off a lot of things against my income, and therefore pay less tax. Almost everything is a business expense. You just need a good accountant to ... you know. Hint Hint.
4. I have always felt that the main reason that prostitution is illegal is that the government does not get their cut aka Taxes. I pay them to leave me alone.

It might seem strange, but this is the way I do things. It's not cheap having a lawyer and accountant BUT I sleep better at night.

I just don't want to see the day that get arrested, they book me for prostitution, then they nail me for tax evasion...which could end up worse for me then escorting

[Alexis]

umm..

You cannot be chrged with prostitution..

There is no such charge in the CC..

You do not need to declare gifts..

And I'm a total slut without donations too.. in some cases..

Got video to prove it too.. lol..

I have a CGA and Lawyer.. You dont declare gifts..

[Shyla Wild]

umm..

You cannot be charged with prostitution..

No but you will be charged with everything else. You cannot negotiate money for sex. It's solicitation. You cannot work anywhere as you may break the bawdy house rule. The defense "He paid me for my time" NO LONGER WORKS. Everyone used it and the courts are ready for that. Seriously, if that was the case and it was that easy...No one would ever get busted.

[Rockheart]

umm..
You cannot be chrged with prostitution..
There is no such charge in the CC..
You do not need to declare gifts..
And I'm a total slut without donations too.. in some cases..
Got video to prove it too.. lol..
I have a CGA and Lawyer.. You dont declare gifts..

I will tell you right now, you are operating a business.
The "Gifts" you recieve are payment for services.

Revenue Canada states "Most gifts and inheritences are exempt".

Revenue Canada also states "All decisions are based on what is reasonable".

It is not reasonable at all to assume you are just receiving gifts for nothing.
It is reasonable for Revenue Canada to prove you are running a business.

I have an accounting degree with a CMA level of classes.
I have been doing income taxes for years and have been audited, I know how they think.

What is stopping any business from saying they are just receiving all gifts.
Nothing but being "reasonable".

As far as Revenue Canada is concerned what you are saying is not reasonable.

Your CGA would never admit to giving you this advice, as they could be found libel.

All Revenue Canada is going to do is come in and look at the money you had coming in,
and money you have spent.
Then they compare that to your employment and business income from all sources.
If you don't have documentation about all these "gifts" and where they came from, you will have to pay tax.
Even if you did have records of all these "gifts", if this is your main source of income, it is a business.

Revenue Canada is not bound by specific laws in this regard.
Tax laws are guidelines that can be interpreted, usually in the favour of Revenue Canada.
It is not like Criminal law where things are straight forward.

[toban]

Sometimes you may win but another time you may lose.

Toban....

It's how that law is applied and interpreted in a court of law by a judge or jury..

That's how laws work in Canada..
.. . . .

Here from the link added earlier is how they can interpret the bawdy house law if they really want to.
"Courts have interpreted this to mean that any defined space is capable of being a bawdy-house, from a hotel, to a house, to a parking lot ? provided that there is frequent or habitual use of it for the purposes of prostitution or for the practice of acts of indecency"

OK, normally there may be a slim chance of you running into trouble but if you leave yourself open and if they want to "get you" they will. They may use one charge in an attempt to cover a second situation which they have not been succesful at concluding just as they did in that tax case in Wpg. They used prostitution related laws to conclude an ongoing tax case.

[Rockheart]

Here from the link added earlier is how they can interpret the bawdy house law if they really want to.
"Courts have interpreted this to mean that any defined space is capable of being a bawdy-house, from a hotel, to a house, to a parking lot ? provided that there is frequent or habitual use of it for the purposes of prostitution or for the practice of acts of indecency"

OK, normally there may be a slim chance of you running into trouble but if you leave yourself open and if they want to "get you" they will. They may use one charge in an attempt to cover a second situation which they have not been succesful at concluding just as they did in that tax case in Wpg. They used prostitution related laws to conclude an ongoing tax case.

But this is exactly why they rarely pursue this route of prosecution.
Any charges specifically around prostitution in Canada will get dregged into court.


If they charge you with operating a business without a license, you really cannot fight that effectively.
They arrest you and give you a ticket.
You can fight the ticket in Municipal court but you will be facing a judge only, no jury.
If you do not pay, you serve time.


The is no constitutional defence against municipal business laws.
This is mostly a jurisdictional issue.

[Shyla Wild]

I am not saying everyone will get busted. But it is always best to be prepared and cover your ass. Example, remember what happened with craigslist? How many girls were caught with their panties down? What happens if the other provinces decide to jump to gun to avoid the same thing that is happening in Ontario? What happens if they crack down on us?

I am not saying that presently they don't or do. What I am saying is that I enjoy working and living in this country. What I do is not illegal, but parts surrounding it are...well iffy best. If I can avoid breaking certain laws, then that is just better for me. And as I never wanted to be a social burden therefore I do pay tax.

BUT

I was a barmaid at one point. As a barmaid you must declare 7%-15% of your sales as income aka TIPS. No bartender declares everything. Why would an escort?

[Rockheart]

Tips are 100% taxable.
What they can prove is a whole different story.

[sunshine]

Wow, three pages

How did this get connected to income tax? I just got home from Regina - a long drive, and I find three pages on this thread.

I just want to confirm that Craig is right. If you break a municipal law and receive a fine, you can pay it or dispute it in municipal court. If you go to court, it won't help to say you are a prositute or you were engaged in prostitution. It really won't help if you were doing an incall because you will be admitting, in court, that you have broken a federal law. Regardless, as Craig states, the license is a business license, in this case a license to conduct business as an escort. There are rules stipulated in the bylaw. If you don't have a license or you break the rules of the bylaw, you can be fined and they certainly can collect the money. If you do not pay, you will go to jail. If you skip town and return later and are caught, you will face additional charges and may be escorted directly to jail.

There is no protection from paying income tax if you are earning money. But income tax is a federal matter and has nothing to do with municipal bylaws. Municipalities are under the jurisdiction of the provincial government. There is no connection between the two branches of government when it comes to income tax. There is no reason for the federal government to be involved in a municipal matter unless income tax evasion is considered as an additional charge when the city or the police are charging the girl. If the girl was doing an incall and the city wants more of an example to be made, they may ask the police to also charge the girl under the bawdy house laws as well as other applicable statute violations.

Sunshine

[Locomotion]

Wow, all this legal stuff is making me dizzy. What's a guy gotta do to get laid around here?

[huge99999]

In my opinion this post is to discourage other girls from coming to Alberta, not that it bothers me...I see girls when I travel not at home. Wouldn`t it be interesting to know who does phone the cops on other girls. Who ever it is...that is really low down!

[sunshine]

I don't think it could happen

In my opinion this post is to discourage other girls from coming to Alberta, not that it bothers me...I see girls when I travel not at home. Wouldn`t it be interesting to know who does phone the cops on other girls. Who ever it is...that is really low down!

There is no discouraging anybody. There are many, many tgirls who work in Alberta. Most of them have no license, a few of them do. Due to the recent busts in Edmonton, I thought it was worth mentioning that the girls should be a little careful. Do I think for a second that this will discourage anyone from going to Alberta? I know these girls and the answer is no. It's not my business to tell girls where they can travel. I was just surprised that nobody had mentioned the Edmonton busts so I am mentioning it here in this thread. Don't you think the girls need to know that this sort of thing is happening?

As for the second part of your post - nobody is calling the cops. The city conducts these busts on their own, for their own reasons. These busts are not headed up by the cops. They are organized by the city.

Sunshine

[Shyla Wild]

I don't feel like there is any discouraging going on. Informing others of local laws or problems is not a bad thing. In fact ignorance is a crime. Not knowing the laws and breaking them...hmmm, I do not know too many cops that are sympathetic to the defense "I didn't know."

If fact, concerning my earlier question about licencing, Sunshine responded in private and was nothing but a class act.

Lastly, there is no proof of any girl calling the cops. I had friends that were told to leave by the police in Calgary because they were working without a license. They were not fined, they were asked for their license. When they could not provide one, they were told to leave and blacklisted their name to every hotel in Calgary. Sounds more like a city protecting their laws more then a random call from a rival.