Section 286.2 of the Criminal Code criminalizes the act of knowingly receiving a material benefit, including a financial benefit, that is obtained directly or indirectly from the commission of an offence related to the purchase of sexual services.bénéficie sciemment d’un avantage matériel, notamment financier, provenant directement ou indirectement de l’obtention de services sexuels moyennant rétribution.
The offence applies both where the sexual services involve an adult and where they involve a person under the age of eighteen, with significantly harsher penalties in cases involving minors.personne adulte que par une personne âgée de moins de dix-huit ans, cette dernière situation entraînant des peines beaucoup plus sévères.
(section 286.2(1))
A person commits an offence if they knowingly receive a material benefit, including money, that comes directly or indirectly from the commission of an offence under section 286.1(1) of the Criminal Code.en sachant que cet avantage provient, directement ou indirectement, de la perpétration de l’infraction prévue à l’article 286.1(1), soit l’obtention de services sexuels moyennant rétribution auprès d’une personne majeure.
This offence is hybrid and may be prosecuted either by indictment or by summary conviction.infraction mixte, pouvant être poursuivie par mise en accusation ou par procédure sommaire.
(section 286.2(2))
A person commits an indictable offence if they knowingly receive a material benefit, including money, that comes directly or indirectly from the commission of an offence under section 286.1(2), involving the purchase of sexual services from a person under the age of eighteen.en sachant que cet avantage provient, directement ou indirectement, de la perpétration de l’infraction prévue à l’article 286.1(2), lorsque les services sexuels sont rendus par une personne âgée de moins de dix-huit ans.
This offence carries significantly increased penalties, including a mandatory minimum sentence.peine minimale obligatoire.
The offence captures a broad range of conduct. It is not limited to individuals who organize or directly participate in the provision of sexual services. Prohibited conduct includes, among other things:
Receiving money, property, housing, or any other material benefit;
Financially or materially profiting from sexual services provided by another person;
Benefiting indirectly through a third party, arrangement, or structure.
To obtain a conviction under section 286.2, the prosecution must prove beyond a reasonable doubt the following elements.hors de tout doute raisonnable les éléments suivants.
The accused must have obtained or benefited from a material advantage, such as:
The benefit may be direct or indirect.direct ou indirect.
The material benefit must originate from the commission of an offence involving the purchase of sexual services:
The prosecution must prove that the accused knew that the material benefit came, directly or indirectly, from sexual services provided in exchange for payment.
The accused does not need to know all the details of the underlying offence. Knowledge may be inferred from the surrounding circumstances.
In cases under section 286.2(2), the Crown must also prove that:
The Criminal Code creates a rebuttable presumption that:
Unless evidence to the contrary is presented.sauf preuve contraire.
This presumption may be rebutted by credible evidence showing the absence of a benefit or the application of a statutory exception.
Sections 286.2(1) and (2) do not apply where the material benefit is received:
These exceptions are excluded if the accused:
When determining sentence, the court must treat it as an aggravating factor if the material benefit was received in the context of a commercial operation offering sexual services for consideration.
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A person lives with an adult sex worker and regularly uses money generated from sexual services to pay rent and personal expenses. If the evidence shows that the person knew the source of the funds, they may be convicted of receiving a material benefit from sexual services.
By contrast, a landlord who rents an apartment at market value, under standard conditions, and does not encourage or facilitate sexual services may fall within a statutory exception.
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An adult allows a 16-year-old to live in their home, knowing that the minor provides sexual services for payment, and keeps part of the money to cover rent, food, or personal expenses.
Even if the adult did not organize the sexual services or directly coerce the minor, knowingly benefiting from those services is sufficient to constitute the offence.
Procuring (Pimping) is a serious indictable offence punishable by:
This is a hybrid offence:
This is an indictable offence punishable by:
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