Money can buy happiness and when it comes to purchasing sexual services that very well may be true. However, it can also land you with a serious criminal charge. In Canada, it is illegal to buy sexual services, pursuant to s. 286.1 of the Criminal Code of Canada. Interestingly, it is not illegal to sell sexual services, which can be quite confusing for people looking to purchase such services.
The reason is twofold. By making it legal to sell sexual services, sex workers are decriminalized and do not have to be afraid of getting charged or going to the police when a transaction turns nonconsensual. By criminalizing the demand, the Government thought that this would reduce exploitation, make sex workers safer, and encourage them to reach out for support if needed. But here’s the twist: how exactly are sex workers safer when their clients are afraid of getting cuffed? Criminalizing the purchase still pushes the whole transaction underground. Screening clients? Harder. Negotiating terms? Riskier. Calling for help if things go south? Good luck. It’s like saying weed is legal to grow and sell, but not to smoke — technically progressive but practically nonsense. Yes, the thought behind these provisions was intended to be noble: reduce trafficking and protect the vulnerable. But these protections do not always work on the street level. Until society is ready to have an honest conversation about autonomy, consent, and the right to make a living — even from sex — we’ll keep dancing around this legal striptease.
So, if you find yourself buying a good time that goes south, reach out to [email protected] to connect with our expert criminal law team.
Disclaimer: the above blog post does not constitute legal advice and is for information purposes only. We strongly recommend obtaining legal advice with respect to any legal issues.
