Saturday, June 07, 2014

Bill C-36 Analysis In Detail Part 2

Bill C-36 casts a much wider net than I had first thought.

Traditionally, when a term is being used to define an offence, a definition of that term is inserted in S2 of the Criminal Code which gives a clear, understandable definition.  

Throughout the text of Bill C-36, the term "Sexual Services" is used constantly, but at no time is the term defined at all.  It is used, but never really nailed down.

For example, does C-36 place a BDSM "dungeon" under the concept of Sexual Services?  Or, for that matter, depending on how one looks at it, it could also encompass any number of "adult entertainment" businesses that are out there, which have traditionally sat on the edge - they are certainly offering sexual stimulus for sale, but not necessarily sex per se.

For that matter, what are the implications of offering sex toys or magazines for sale?  Or, for that matter, what about a sex therapist?  Does that constitute a "sexual service" under this law?  This is especially important when we are looking at the advertising restrictions part of this law.
“advertisement of sexual services”« publicit√© 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. 
Advertising sexual services286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of(a) an indictable offence and liable to imprisonment for a term of not more than five years; or(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.
Depending on how this is interpreted, a lot of people could end up in prison for no worse an offence than having a web site for their business.

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