Procuring (Pimping)

Section 286.3 of the Criminal Code makes it an offence to cause a person to offer or provide sexual services for consideration, or, for the purpose of facilitating an offence related to sexual services, to recruit, hold, conceal, or harbour that person, or to exercise control, direction, or influence over their movements., ou encore, .

This offence applies both to adults and to persons under the age of eighteen, with significantly harsher consequences where a minor is involved.personnes adultes qu’aux , cette dernière situation entraînant des conséquences pénales nettement plus sévères.

Procuring Involving an Adult

(section 286.3(1))

A person commits an indictable offence punishable by up to fourteen (14) years of imprisonment if they: quiconque, selon le cas :

Cause a person to offer or provide sexual services for payment; or
For the purpose of facilitating an offence under section 286.1(1):
Recruit;
Hold;
Conceal;
Harbour a person who offers or provides sexual services for payment; or
Exercise control, direction, or influence over that person’s movements.

Procuring Involving a Person Under 18

(section 286.3(2))

A person commits an indictable offence punishable by up to fourteen (14) years of imprisonment, with a mandatory minimum sentence of five (5) years, if they:, assorti d’une , quiconque :

Cause a person under the age of eighteen to offer or provide sexual services for payment; or
For the purpose of facilitating an offence under section 286.1(2):
Recruit;
Hold;
Conceal;
Harbour that person; or
Exercise control, direction, or influence over their movements.

Prohibited Conduct

The offence of procuring captures a wide range of conduct. Prohibited acts include, whether involving an adult or a minor:

Causing Sexual Services for Payment

Causing a person to offer or provide sexual services for payment;

Recruitment for Sexual Services

Recruiting that person;

Harbouring or Concealment

Holding, concealing, or harbouring them;

Control Over Movement or Freedom

Exercising control, direction, or influence over their movements or freedom.

The conduct may be direct or indirect. Procuring does not require physical force, explicit threats,  or constant supervision.

Essential Elements of the Offence

To obtain a conviction under section 286.3, whether under subsection (1) or (2), the prosecution must prove beyond a reasonable doubt each of the following elements. les éléments suivants.

Prohibited Conduct Related to Sexual Services

The accused must have engaged in at least one of the following:au moins un

causing a person to offer or provide sexual services for payment;
recruiting, holding, concealing, or harbouring that person;
exercising control, direction, or influence over their movements.

Any single prohibited act may be sufficient.

A Link to a Sexual Services Offence

The conduct must have been carried out:

either to directly cause the person to offer sexual services; or
to facilitate:
for subsection (1): an offence under section 286.1(1); or
for subsection (2): an offence under section 286.1(2).

The underlying sexual services offence does not need to be completed. It is enough that the conduct was intended to support, organize, or make the provision of sexual services possible.

Criminal Intent

The prosecution must prove that the accused acted intentionally, either:agi volontairement, soit :

to promote or facilitate the provision of sexual services; or
to exploit or maintain a position of control over the person involved.

Intent may be inferred from:

repeated involvement;
the role played by the accused;
control over housing, transportation, scheduling, or finances.

Practical Example

Example – Section 286.3(1) (Adult)

A person operates a website or agency that recruits adult sex workers, provides hotel rooms, schedules appointments, and collects payment from clients. Even without physical violence, this conduct constitutes procuring because it directly facilitates offences related to sexual services.

Example – Section 286.3(2) (Minor)

An adult houses a teenage girl, controls where she goes, and causes her to provide sexual services for payment. Simply causing a minor to offer sexual services, or exercising influence over their movements for that purpose, is sufficient to establish the offence.

Possible Sentences

Procuring (Pimping) is a serious indictable offence punishable by:

Procuring involving an adult (s. 286.3(1))

This is an indictable offence punishable by:

up to fourteen (14) years of imprisonment..

Procuring involving a person under eighteen (s. 286.3(2))

This is an indictable offence punishable by:

up to fourteen (14) years of imprisonment;;
with a mandatory minimum sentence of five (5) years..

Courts treat procuring offences very seriously, particularly where minors are involved, emphasizing denunciation, deterrence, and the protection of vulnerable persons.

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Procuring (Pimping)