application judge found that the evidence supported this proposition and the Court of Appeal agreed. For reasons set out below, I am of the same view. The prohibitions at issue do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing conditions on prostitution; they prevent people dangerous engaged in a risky but legal activity from taking steps to protect themselves — — from the risks. Sections 197 and 210: Keeping a Common Bawdy-House It is not an offence to sell sex for money. The bawdy-house provisions, however, make it an offence to do so in any that is or occupied” or “place” “kept to” for the purpose of prostitution (ss. 197 and 210(1) of the The “resorted Code). reach of these provisions is broad. includes any defined space, even if “Place” unenclosed and used only temporarily (s. 197(1) of the Code; R. v. Pierce and (1982), 37 O.R. (2d) 721 (C.A.)). And by definition, it applies even if Golloher resorted to by only one person (s. 197(1); (1972), 10 C.C.C. (2d) R. v. Worthington 311 (Ont. C.A.)). The practical effect of s. 210 is to confine lawful prostitution to two categories: street prostitution and (application decision, at para. 385). where the john comes to the prostitute’s residence, are prohibited. Out-calls, where the prostitute goes out and meets the client at a designated location, such as the
application judge found that the evidence supported this proposition and the Court of Appeal agreed. For reasons set out below, I am of the same view. The prohibitions at issue do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky — but legal — activity from taking steps to protect themselves from the risks. Sections 197 and 210: Keeping a Common Bawdy-House It is not an offence to sell sex for money. The bawdy-house provisions, however, make it an offence to do so in any “place” that is “kept or occupied” or “resorted to” for the purpose of prostitution (ss. 197 and 210(1) of the Code). The reach of these provisions is broad. “Place” includes any defined space, even if unenclosed and used only temporarily (s. 197(1) of the Code; R. v. Pierce and Golloher (1982), 37 O.R. (2d) 721 (C.A.)). And by definition, it applies even if resorted to by only one person (s. 197(1); R. v. Worthington (1972), 10 C.C.C. (2d) 311 (Ont. C.A.)). The practical effect of s. 210 is to confine lawful prostitution to two categories: street prostitution and (application decision, at para. 385). where the john comes to the prostitute’s residence, are prohibited. Out-calls, where the prostitute goes out and meets the client at a designated location, such as the
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