Canadian writers can not write to sell sex services?

[makeabuck]

This is supposed to be new law going into effect tomorrow?

Email from one of my writers.

Bill-36, which comes into play in Canada on December 6. Basically, it makes what I do for you (write text in support of selling of sexual services) illegal, especially if I get paid for it.

The only thing I find on google about Bill-36 is Bill C-36 and it's about prostitution (not the aural aspect).

Anyone know more about it?

[CaptainHowdy]

Lil' bump for you ...

[Itchy]

House Government Bill - Bill C-36 - Royal Assent (41-2)
Immunity ? material benefit and advertising

286.5 (1) No person shall be prosecuted for

(a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

(b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

[makeabuck]

Originally Posted by Itchy

House Government Bill - Bill C-36 - Royal Assent (41-2)
Immunity ? material benefit and advertising

286.5 (1) No person shall be prosecuted for

(a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

(b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

Of course I'm still confused. Does this mean canadians can write blogs for adult services who are selling phone sex? =) Let's put it in laymen terms.

[artwilliams]

Originally Posted by makeabuck

Of course I'm still confused. Does this mean canadians can write blogs for adult services who are selling phone sex? =) Let's put it in laymen terms.

It's open to interpretation and purposely vague. I am Canadian so I've followed this story for years. Some have suggested that it means any adult pay site created by a Canadian would be illegal regardless if it is for prostitution. Adult webmasters sell sex. What is "own sexual services"? It depends on how cautious you are.

The Canadian PM was forced to come up with a new bill because the Supreme Court threw out the old one. Being a Conservative, there was no way PM Harper would legalize the buying and selling of sex. It's almost certain that this law too will be thrown out. This section disallowing escorts to advertise on the web actually makes their work more dangerous. It's new to this law. The previous bill was ruled unconstitutional because it made sex work dangerous. Now, not allowing them to advertise in cyberspace only makes it more so. The Government knows this and is only doing this to bat the issue into the future. They are "playing to their base" as it might be said and they certainly are.

[makeabuck]

So I don't really feel like this applies to me, and the writing he does for my company. He writes me blogs (as operator or customer) and put them on my own blog website. He's not selling any sex services of his own at all.

And then let me get this right. You can be an escort in canada but you can not advertise it on the internet? But anywhere else is good? Seems bizarre.

[artwilliams]

Originally Posted by makeabuck

So I don't really feel like this applies to me, and the writing he does for my company. He writes me blogs (as operator or customer) and put them on my own blog website. He's not selling any sex services of his own at all.

And then let me get this right. You can be an escort in canada but you can not advertise it on the internet? But anywhere else is good? Seems bizarre.

I am not a lawyer, lets get that straight. My understanding is that there is no advertising. Anywhere. Period. Newpaper or cyberspace. It's now illegal to sell sex but not to buy it -- the Scandinavian model as it's been called. Thought in the Canadian law you cannot advertise it either. I guess you stand on the street.

[blackmonsters]

I don't think a porn movie should be considered a "sex service".
The dude watching the porno is "servicing" himself.

[makeabuck]

No, but I am selling a sex service, and I pay the writer to write for me. So by proxy he's selling sex services I think is what he believes. To me it seems crazy that they would expect adult writers to police what any person does with their content once they purchase it. How could the writer know what it ultimately ends up being used for?

[artwilliams]

IMHO, he is really, really stretching it. His work is "a needle in a hay stack" -- as they say. Why would the police ever know about his work and what incentive is there for a cop to do the paperwork to charge him? If you are not Canadian, are the Canadian police forces going to work with foreign forces to get information to try him? It will never be on anyone's radar. Never, ever.

[MrBottomTooth]

This law seems about as likely to be enforced as our laws that say you cant make illegal copies of music cds or dvds.

[PAR]

Is it just the act of writing that is the problem?
Because I type everything.. writing is so old school

[makeabuck]

Originally Posted by artwilliams

IMHO, he is really, really stretching it. His work is "a needle in a hay stack" -- as they say. Why would the police ever know about his work and what incentive is there for a cop to do the paperwork to charge him? If you are not Canadian, are the Canadian police forces going to work with foreign forces to get information to try him? It will never be on anyone's radar. Never, ever.

I agree. He's being completely paranoid. I only care because he's my favorite writer, but I am his only "adult" customer everything else is mainstream.

Oh well. Another shall come.

[Arnox]

Fairly sure the bill is aimed at escorting exclusively.

Regardless, I'm sure you'll find someone that specializes in adult writing services soon enough.

[CDSmith]

Sounds like you need a new writer. It also sounds like your previous writer wanted an alternate way of cutting you loose as a client and decided to use this prostitution/escorting law as his way out.

I'm Canadian, and as it happens I'm also a writer. For over 25 years now in fact. I can assure you there are no laws here restricting me from writing, adult content or otherwise.

If you're looking, and it sounds like you are, I'd be more than happy to talk over your writing needs.

graphX at shaw dot ca.
31024634