It depends. The law prohibits any person from participating in an indecent act in a public place in the presence of one or more people. A public place is somewhere that the public has access to, like a park, street or shopping mall. As for the notion of “indecent act”, it is a lot more difficult to define with precision. This is an act that exposes people or society in general to some sort of prejudice (nuisance or harm) that is incompatible with the smooth functioning of society.

For example, people who have sexual relations in a public place, like a municipal park or movie theatre, are forcing those around them to witness a sexual activity whether they like it or not. In addition, such an activity affects the quality of life and the liberty of the other people using the public space. For example, if a couple has taken to passionate lovemaking on picnic tables near the kids’ playground in the local park, people in the community might be forced to change their routine and find a different park. This is therefore an indecent act.

It is an offence for a person to participate in sexual activity in a public place, in the presence of one or more people. If convicted, the person faces a maximum prison sentence of 6 months for having committed this offence.

As a general rule, group sexual activities involving several adults are legal if:

• The activities occur at a place that is only open to adults who are aware of the type of activity happening there;
  
• The sexual activities do not cause physical or psychological harm to the participants;
  
• The sexual activities are not antisocial, degrading or humiliating. For example, a group sexual activity would be antisocial and, therefore, illegal if some of the participants had been forced to participate.

It is also illegal to pay people to participate in a group sexual activity. For example, a person who organizes evenings where couples can partner-swap cannot hire two prostitutes to liven things up for his clients, as this would be an offence (inciting someone to have illicit sexual relations). A person who commits such an offence faces a maximum prison sentence of ten years, if convicted.

Keep in mind that regardless of what they actually agree to do, children under 16 years of age can never legally consent to sexual activities with adults, in a group setting or otherwise.

No, not anymore. At the beginning of the 20th century, anal sex was one of the offences considered as being “against nature” and was punishable by a sentence of life imprisonment. Over the years, Canadian law has become more accepting of anal sex, which was officially decriminalized in 1969, as long as it took place privately between consenting adults.

Although there is still an article in the Criminal Code prohibiting anal sex with a person who is under 18 years old, the courts have decided that sodomy between two consenting individuals aged 14 years (now 16 years) and over cannot be prohibited. In fact, they found that this would go against the Canadian Charter of Rights and Freedoms. As a result, the prohibition no longer applies in such cases.

As a general rule, conversations of a sexual nature over the Internet between two consenting individuals (“cybersex”) are not against the law.

However, an adult cannot chat, or otherwise use a computer, with a person under 16 in the hopes of committing a sexual offence. For example, the law forbids the use of a computer to incite or invite, with a sexual purpose, a child under 16 to touch herself or to touch another person.

It is also against the law to use a computer to incite or invite, with a sexual purpose, an adolescent under 18 to touch herself or another person, in any of the following circumstances:

• The person inciting or inviting the adolescent is in a position of authority or trust towards the adolescent;
  
• The adolescent is in a position of dependence with that person, or is exploited by that person.

To find out more, read the Infosheet entitled Offences of a sexual nature against children.

The person who commits any of these offences faces a maximum prison sentence of 5 years.

It all depends on the circumstances and on her intention. If the person is walking around naked on her property showing her genitals with a sexual purpose to children under 16 years of age, she is committing the offence of exposure. Anyone found guilty of this offence faces a maximum prison sentence of 6 months.

However, it is not exposure if the naked person was adjusting the curtains in her living room when she accidentally brought them down and exposed herself to her neighbors and to people passing by. In such a case, she did not have the intention to expose herself for a sexual purpose.

It is important to note that, regardless of her intention, a person can be convicted of the offence of nudity if she is walking around naked on her property while being exposed to public view. A person convicted of this offence faces a maximum prison sentence of 6 months.

This rule applies whether the person was naked in a public place or naked in a place exposed to public view. It doesn’t change anything whether the naked person was walking in a mall or standing in front of a huge window in her living room that’s facing the street: she is committing the offence.

The same is true for a “streaker”, that is a sports spectator who decides to run across a field naked. Even if it’s just a joke, the spectator is still committing the offence of nudity in a public place.

No. A person doesn’t have to be completely naked to be committing the offence of nudity in a public place. A person who is partially clothed can be found guilty of this offence if his clothing goes beyond the limits of society’s tolerance regarding clothing standards.

This notion refers to a certain norm that has been developed by the courts, one that is not very easy to explain. Here are some examples to illustrate it.

Marie is walking around outside wearing nothing but her espadrilles. Even though she is not entirely naked, she is outside the bounds of what is normally tolerated by Canadian society when it comes to what people can wear when they’re outside. So she is therefore committing an offence.

It should be noted that the norms of society’s tolerance regarding partial nudity vary depending on where a person is. While Judy might be able to tan topless on a nude beach, she can’t walk around without a shirt in the halls of an elementary school.

In the same way, a person can tan naked in her backyard without committing an offence, as long as the yard is not in public view. The same reasoning applies to people who practice nudism in places that are not exposed to the public, like nudist camps.

No. Anyone who frequently uses his home or another place to participate in sexual activity in exchange for money (i.e. prostitution) is committing the offence of keeping a common bawdy-house. A common bawdy-house is a place that is regularly used for purposes of prostitution.

Let’s say, for example, that Ginny offers massages in the basement of her house and she finishes off the massage by masturbating the client, if he requests it. Ginny charges an additional $25 for this “extra”. By acting in this way, she is committing the offence of keeping a common bawdy-house. This offence carries a maximum prison sentence of 2 years.

The law prohibits people from taking part in immoral sexual acts in front of a child if it would risk endangering his development. A sexual act can be considered “immoral” if it goes beyond the limits of what is tolerated by society in sexual matters (for example, sexual relations with an animal).

As for sexual practices that are more common, it would be legal for two adults to have full sexual relations in a bedroom even if a 3-month-old baby is sleeping in a crib a few feet away from them. However, it would be illegal for the couple to have sex during a child’s birthday party knowing that their 5-year-old daughter and her three little friends are watching them.

In the second scenario, the children (unlike the baby) are able to understand the sexual nature of the acts they are witnessing. According to the courts, such a display might endanger their normal moral development. So this would be the offence of “corrupting children”. This offence carries a maximum prison sentence of 2 years.

No. Canadian law does not prohibit prostitution between consenting adults. Prostitution is defined as the exchange of money for sexual services.

However, the law prohibits communication with a person in a public place for the purpose of engaging in prostitution. So if Marcel talks to a prostitute on the street corner to ask about her rates, he is committing the offence of soliciting sexual services. This offence carries a maximum prison sentence of 6 months.

The situation is different if Marcel offers money to a person under 18 years of age in order to obtain sexual services. In such a case, Marcel is committing an offence regardless of whether he is in a public place or not (for example, through an escort agency). If convicted, Marcel faces a maximum prison sentence of 5 years, and a mandatory minimum prison sentence of 6 months.

In addition, a person commits an offence just by entering a place that is regularly used for the purpose of prostitution. The person can be charged with being found in a common bawdy-house. This offence carries a maximum prison sentence of 6 months. So, for example, Monica is committing an offence if she knowingly goes, without a valid excuse, to a massage parlor where prostitution is being carried out.

Yes, it is an offence to transport another person to a bawdy-house, a place where prostitution is regularly practiced. This offence carries a maximum prison sentence of 6 months.

In addition, it is an offence to live off, wholly or in part, a person’s income from prostitution. For example, if a person helps his spouse to prostitute herself so that she can use the income to pay her share of household expenses (i.e. rent, food, etc.), he is committing the offence of “procuring”. This offence carries a maximum prison sentence of 10 years, if the person who is prostituting herself is over the age of majority.

If the person prostituting herself is under 18, the maximum prison sentence for procuring goes up to 14 years, with a minimum prison sentence of two years.

Finally, a person who attempts to make money by forcing a person under 18, through violence or threats, to prostitute himself, or who helps or encourages him to do so, faces a mandatory minimum prison sentence of 5 years. The maximum prison sentence in such a case is 14 years.