Prostitution law ruling due on Monday

[Pantyhose1]

A landmark court ruling comes down on Monday that could really alter prostitution laws in Ontario, and potentially Canada.

A five-judge panel on the Ontario Court of Appeal will reveal its decision to either uphold or reverse a September 2010 ruling by Ontario Superior Court Judge Susan Himel that struck down three prostitution laws from the Criminal Code, declaring them unconstitutional because they put the safety of sex workers at risk.

[merelypink]

curious to see what happens

[Pantyhose1]

curious to see what happens

The ruling will probably be released by 10am Monday. Check the online news websites.

[Bawb]

2 laws down

http://www.cbc.ca/news/canada/story/...ws-monday.html

Partial victory for the escorts, the bawdy house & living off the avails of prostituion have been striken; the "communicating in public for prostitution" ban remains

[doorman]

Here you go.http://cnews.canoe.ca/CNEWS/Canada/2.../19550111.html

[Alexis]

This is a good thing..

No more worries about getting busted at your in call in Ontario..

Also highly reduces the risk of getting busted to almost zero everywhere else in Canada..

Also don't have to worry about getting paid to provide security for a girl any more either..

Thank You Terry! (and everyone else that helped)

Now I can focus on not getting taxed to death and buying property without concern..

[Rockheart]

This is a good thing..

No more worries about getting busted at your in call in Ontario..

Also highly reduces the risk of getting busted to almost zero everywhere else in Canada..

Also don't have to worry about getting paid to provide security for a girl any more either..

Thank You Terry! (and everyone else that helped)

Now I can focus on not getting taxed to death and buying property without concern..

How do you not get taxed to death like the rest of us?
You are (and always have been) required to pay income tax.

You are also required to collect and submit HST and/or GST.

The act of prostitution has always been legal and still is.

The only risk you had of buying property is that you haven't paid income tax on the money you used to buy it.

[Shyla Wild]

If I am not mistaken, Revenue Canada cannot report you to the police. But to my knowledge...BANKS CAN. You walk into a bank without paperwork to back your income, and prepare yourself for the hell that is coming. Being Audited, charges for tax evasion(with has NOTHING to do with prostitution laws) and back charges as well. I believe you are required to keep records for up to 7 years. It might be five I really don't remember. My MBA is a specialty in marketing, not accounting. So 5-7 years of back taxes..... Plus you offer a service. Sexual or not you must collect GST. Therefore if you did not charge clients 5% (GST for 2012) expect to pay the GST rate of your GROSS earnings for each of those years.

So if you make let's say 50000 a year. Over 5 years that's 1/4 of a million dollars. So assuming the rate didn't change (it did) you would owe $12500 just in GST that you were suppose to collect. Then add taxes....on $250000 you would owe at least 40% (I am being very generous here) which is $100000. So...$112500 in back taxes and GST....then prepare for fines and interest. This is not a game I would play with the government as they will come after you will all their guns.

Everyone has to pay taxes. Even if the way you got it is illegal.

Personally, this (legalization) is the first step towards regulation. Very soon, licenses, mandatory testing, etc....

[Rockheart]

If I am not mistaken, Revenue Canada cannot report you to the police. But to my knowledge...BANKS CAN. You walk into a bank without paperwork to back your income, and prepare yourself for the hell that is coming. Being Audited, charges for tax evasion(with has NOTHING to do with prostitution laws) and back charges as well. I believe you are required to keep records for up to 7 years. It might be five I really don't remember. My MBA is a specialty in marketing, not accounting. So 5-7 years of back taxes..... Plus you offer a service. Sexual or not you must collect GST. Therefore if you did not charge clients 5% (GST for 2012) expect to pay the GST rate of your GROSS earnings for each of those years.

So if you make let's say 50000 a year. Over 5 years that's 1/4 of a million dollars. So assuming the rate didn't change (it did) you would owe $12500 just in GST that you were suppose to collect. Then add taxes....on $250000 you would owe at least 40% (I am being very generous here) which is $100000. So...$112500 in back taxes and GST....then prepare for fines and interest. This is not a game I would play with the government as they will come after you will all their guns.

Everyone has to pay taxes. Even if the way you got it is illegal.

Personally, this (legalization) is the first step towards regulation. Very soon, licenses, mandatory testing, etc....

Revenue Canada sure can report you to the police all they want.
However they are mostly concerned with you paying taxes.

Banks are required to report transactions of $10,000 or more of any kind to the police.
They are not required to report businesses for tax purposes.
There is no way for them to know if you are working illegally or not.
They are required to let Revenue Canada or police examine your accounts upon request.

If you have a business or income including Prostitution and don't pay taxes you need to read this:
Tax Alert: The underground economy
http://www.cra-arc.gc.ca/gncy/lrt/ndrgrnd-eng.html

Revenue Canada has a whole division looking out for people working the Underground Economy.
This includes Prostitution and all under the table type of work.
There is a clause that allows you to self report before they catch you.

If you think the money you make cannot be traced, you might be suprised.
All they have to do is show a pattern and don't actually have to prove transactions.
Declaring that payment is a gift is not an excuse gifts are considered income if they are excessive beyond what is normal.

Businesses are only required to collect GST if their GST taxable sales are over $30,000.
However if you don't collect GST, you cannot get the GST you cannot get the GST you paid refunded.
I am not familiar with GST regulations but the GST part is probably the same.

As for licenses, they are already required.
You need a Provincial Business license to run any business.
Most cities also require a Municipal Business License as well.
They seem now to be coming out with specific escort licenses but you are still required to license under law.

[Rockheart]

After watching the new now, this isn`t going to open up the doors to escorts working out of their homes, necessarily.

When a person applies for a city business license to operate a business in their home they must inform their neighbors for approval.
Cities are not going to allow legal escorts in residential neighborhoods.

If this all stays the way it is, the only way to have a "bawdy house" it would have to be in a zoned area.
In other words a red light district.
If escorts think they will be happily working out of their homes, think again!
It won't happen.

[Pantyhose1]

After watching the new now, this isn`t going to open up the doors to escorts working out of their homes, necessarily.

When a person applies for a city business license to operate a business in their home they must inform their neighbors for approval.
Cities are not going to allow legal escorts in residential neighborhoods.

If this all stays the way it is, the only way to have a "bawdy house" it would have to be in a zoned area.
In other words a red light district.
If escorts think they will be happily working out of their homes, think again!
It won't happen.

Yes you can fully expect municipalities to require sex trade workers to obtain and pay for licenses. Also, zoning bylaws will be amended to clarify where bawdy houses may be located. They will set up districts where a sex trade worker can operate - just like strip joints.

[toban]

Re: licensing and establishment of brothels etc.

For many years now, several well known, well established and well advertised businesses (brothels) such as Roomates and Oasis etc have been operating in residential buildings in the downtown core even though of course, they are not allowed by law. I know there are many other similar operations as well. The girls photos, rates and schedules are posted for all to see. These places are not likely licensed, and if they are, definitely not as brothels or bawdy houses, but I've yet to hear of any of them being raided like the rub&tugs! Does that ever happen?

If there is no danger of the bawdy house charges being laid , could TS girls not set up their own operations in the same manner as those mentioned above or, for that matter, just continue working discretely as individuals (without license) from their own residence?

[Shyla Wild]

For many years now, several well known, well established and well advertised businesses (brothels) such as Roomates and Oasis etc have been operating in residential buildings in the downtown core even with though of course, they are not allowed by law. I know there are many other similar operations as well. The girls photos, rates and schedules are posted for all to see. These places are not likely licensed, and if they are definitely not as brothels or bawdy houses, but I've yet to hear of any of them being raided like the rub&tugs! Does that ever happen?

If there is no danger of the bawdy house charges being laid , could TS girls not set up their own operations in the same manner as those mentioned above or, for that matter, just continue working discretely as individuals (without license) from their own residence?

I live by this rule: Do not attract unwanted attention.

[Rockheart]

For many years now, several well known, well established and well advertised businesses (brothels) such as Roomates and Oasis etc have been operating in residential buildings in the downtown core even though of course, they are not allowed by law. I know there are many other similar operations as well. The girls photos, rates and schedules are posted for all to see. These places are not likely licensed, and if they are, definitely not as brothels or bawdy houses, but I've yet to hear of any of them being raided like the rub&tugs! Does that ever happen?

If there is no danger of the bawdy house charges being laid , could TS girls not set up their own operations in the same manner as those mentioned above or, for that matter, just continue working discretely as individuals (without license) from their own residence?

They will not legally be able to work from their homes.
If they work in their homes it will be illegal, as it is today.

This will not be allowed in a Residential area.
It will not qualify as a Home Based Business.
Today all home based businesses must be approved by neighbours.
Neighbours would not want this.

Licensed Escorts licensed in Calgary or Edmonton cannot do incalls because they cannot work out of their home.

It will have to be in a Red Light zoned area designated by cities.
If they allow street walkers, they will only allow it in these areas also.
In Amsterdam they have the Tippelzone for streetwalkers.

[toban]

They will not legally be able to work from their homes.
If they work in their homes it will be illegal, as it is today.

This will not be allowed in a Residential area.
It will not qualify as a Home Based Business.
Today all home based businesses must be approved by neighbours.
Neighbours would not want this.

Licensed Escorts licensed in Calgary or Edmonton cannot do incalls because they cannot work out of their home.

It will have to be in a Red Light zoned area designated by cities.
If they allow street walkers, they will only allow it in these areas also.
In Amsterdam they have the Tippelzone for streetwalkers.

In the absence of the Bawdyhouse prohibitions how can it be illegal if they work in their homes! I doubt that there are any laws currently in place regarding sex work in private residential settings. To make such work illegal will require each and every municipality to enact their own such by-laws. Say Toronto did so, then operations would simply move to Mississauga e.g. and then to Brampton e.g. and so on just as happened to the legal brothels in Nevada which moved out to the desert where there were no or fewer restrictions than in Las Vegas proper. Oh wait, maybe they would move to set up operations in the Ontario desert know as "Northern Ontario"!!! Now that would be really good news

The Ontario Supreme Court has no jurisdiction beyond its borders so these changes to law currently will apply only in Ontario, will they not? Accordingly, in reaction to this decision the Province of Manitoba has now announced that the Ontario ruling definitely does not affect the situation there!

I see a flurry of action by municipal councils to draft new all-inclusive by-laws in an attempt at controlling this mess.

What a can of worms this has opened up!! The fight is far from over.

What Shyla has pointed out is quite a wise and necessary way to work in order to keep the neighbours happy but in Ontario, after the new changes to the Bawdyhouse law take effect, I can't see that there will be any legal restrictions to prevent a girl from working from home.