Canada (Attorney General) v. Bedford, 2012 ONCA ... - York University

Page: 97(2) Objective of the living on the avails provision[237] In Downey, Cory J. explained that the living on the avails offence isspecifically aimed at those who have an economic stake in the earnings of aprostitute. He indicated, at p. 32: “It has been held correctly I believe that thetarget of [s. 212(1)(j)] is the person who lives parasitically off a prostitute'searnings. That person is commonly and aptly termed a pimp” (emphasis added).[238] While Downey concerned the constitutionality of the presumption ins. 212(3), 14 we see no basis for departing from the objective identified by Cory J.in that case for the living on the avails offence. We also accept that, situated asit is in s. 212 (which deals more generally with procuring), this offence aims toprotect vulnerable persons from being coerced, pressured or emotionallymanipulated into prostitution. As we have already said, we do not accept thebroader submission of the Attorney General of Ontario that this offence reflects aParliamentary objective to eradicate prostitution.[239] In short, we agree with the application judge that the objective of the livingon the avails provision is to prevent pimps from exploiting prostitutes and fromprofiting from the prostitution of others.14 A majority of the Supreme Court in Downey upheld s. 213(3) as a reasonable limit on the presumptionof innocence in s. 11(d) of the Charter.