Accused of soliciting on the street?

Prostitution is not illegal in Canada. But one article in the Canadian Criminal Code criminalizes ‘communication for the purposes of prostitution’. It is therefore forbidden by law to solicit a client offering sexual services. The Police Morality Squad has operations in the street where double agents pretend to be clients. To accuse a sex worker, the police need to have proof that it is the sex worker who solicited.

The Soliciting Law (article 213 of the Canadian Criminal Code): ‘To communicate with another person, in a public place, with the objective of practicing prostitution.’ Soliciting is a summary conviction. In legal language that means: 'an infringement of the law punishable upon declaration of guilt by summary proceedings.'

WHAT IS A SUMMARY CONVICTION?  
A person accused of this type of infringement will have a trial before a judge and not a jury. The sentences are generally light (ex: keep the peace, a small fine). In the worst of cases, the maximum sentence that a judge can give is 6 months in prison and/or a $2000 fine.

WHY IS IT SERIOUS TO BE ACCUSED OF A CRIMINAL OFFENSE?
With criminal charges :
* You generally find yourself with conditions that reduce your liberties (‘a perimeter’, i.e. a restriction prohibiting you from being in certain parts of the city, a curfew, a prohibition on drug use, a prohibition on being in the company of certain persons, an obligation to undergo therapy, etc.)
* There is a serious possibility of going to prison.
* If found guilty, you wind up with a criminal record.
* You may have a fine to pay.
* You may be put on probation: a period of time during which, if caught breaking the law, you are punished much more severely (imprisonment).

WHAT HAPPENS IF YOU BREAK A RELEASE CONDITION?
* It’s prison.
* A new offence is added to your criminal record.
* Your criminal record gets longer and the judge becomes more and more severe.

Generally, sex workers accused under the Criminal Code for the first time aren’t sent to prison if they are found guilty. They get a fine and are released with conditions, including a perimeter.

THE VICIOUS CYCLE OF RELEASE CONDITIONS : PERIMETERS (in French: quadrillatères) 
A perimeter is an order not to be in a specified area of the city defined by four streets (ex: between Berri and Viau, Sherbrooke and Notre-Dame). A perimeter is often where you were arrested, even if it’s where you live, which makes no sense and is not acceptable.

Be careful!
Neighbourhood patrol officers investigate as much as possible and arrest anyone they find in his/her restricted perimeter. It’s direct to prison!

YOU’VE BEEN ACCUSED! WHAT CAN YOU DO?
* When you appear in court for the first time, stay calm and be polite to the judge.
* Plead not guilty.

Your first court hearing generally serves to inform the judge of your plea (guilty or not guilty). After you’ve told the judge that you plead not guilty, he or she will give you another hearing date to appear again in court.

IMPORTANT : If you plead not guilty and the judge has good reason to believe that you will not appear for your next court date (ex: you have already broken previous release restrictions, there are warrants out for your arrest, you have a criminal record, etc.), the judge may decide to put you in ‘preventative detention’ (prison) until your next court date.

Pleading not guilty will also permit you to have access to the evidence the police have against you (disclosure of the proof).

ASK FOR HELP:
* Ask for a lawyer or contact one you already know.
* You can also request legal aid by visiting the legal aid office located at 800, de Maisonneuve Blvd., 9th Floor, Montreal or the one in your region.
* Call us at Stella to get additional legal information. We accept collect calls from Monday to Friday from 1 PM to 6 PM and Thursday from 6 PM to 9 PM.
* Ask for support from outreach workers that you know at Stella, Cactus, Spectre du rue, Dopamine, or l’Anonyme, etc.
* At Stella, we have contacts with lawyers who are willing to represent sex workers properly.

IF THE JUDGE GIVES YOU A PERIMETER:
* Try to negotiate with the judge in order to get a less restrictive perimeter:
* Explain that you live within the perimeter if that is the case.
Explain that you need to have access to community resources located within the perimeter.

Here are a few examples of resources :
• Stella
• Cactus
• Spectre de rue
• Dopamine
• Relais Méthadone
• Séro Zéro
• A community center
• Your food bank
• Your drug user’s support organization
• Your child’s school
- Family Services
• The hospital
• Dollard-Cormier Centre
• Your CLSC
• Your day center
• The Municipal Housing Office
• Your medical clinic
• Governmental services (Welfare, Legal Aid)

If you are found guilty, you can ask the judge to do community work instead of going to prison.

We don’t deserve to be criminalized because we do sex work!!!

Getting our rights respected is worth it !