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Search Warrants Considered

SPECIAL RULES

Page SR 05

SEARCHES OF BAWDY HOUSES


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Bawdy Houses

  • Are considered to be "Disorderly Houses" under the Criminal Code at s. 199.
  • Bawdy Houses are exceptions that can be searched at night without specific permission. Refer to the night search exceptions subsection.
  • Members only clubs, where people voluntarily go to have sex with strangers, are not bawdy houses
    [Labaye, J-P.; SCC and Kouri, J.; SCC].
  • "... the nature of the conduct in which the female appellants and their customers engaged were clearly intended to achieve the sexual stimulation of the customers, despite the fact that the customers remained clothed, and irrespective of whether they reached ultimate gratification ... {para 36}" meant that the premises were operating as a bawdy house
    [Marceau, A.: QCA].
    Contra: massage parlours that offer masturbation "... done in private, as part of a massage, participated in voluntarily by all individuals, and a fee was paid regardless of whether or not the act took place" are not houses of prostitution. In this case a search warrant had been erroneously issued on that basis
    [Ponomarev, V.; OCJ].

END OF BAWDY HOUSE SECTION

Page SR 06

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