BY Law Times 16 Jun Be that as it may, there are other difficulties with the legislation. Specifically, the legislation may well criminalize activity, such as strip clubs, that the government did not intend to make illegal.
Earlier this month, the Conservative government brought in new legislation that criminalizes the buying of sex in response to the Supreme Court of Canada decision in Bedford that declared several sections of the Criminal Code related to prostitution to be unconstitutional. Most people see a difference between going to a strip club and hiring a prostitute.
While perhaps not the most elevated form of entertainment, Canadians have long accepted strip clubs. Since then, strip clubs have been part of the Canadian landscape much like adult video stores and magazines. The current legislation is too broad and requires clarity in some of the definitions.
Such people will have a criminal record and a judge will not have the option of granting a discharge. It could, on a simple reading of the legislation, include paying people to take off their clothes so the viewer can obtain sexual gratification.
Certainly, a lap dance performed for a paying customer would fall under the legislation. Is it likely police will lay charges under the proposed legislation against someone getting a lap dance at a strip club? From my own experience, if a section in the Criminal Code can potentially apply to certain activities, some police officer somewhere will lay a charge and some Crown somewhere will prosecute.
