Soliciting formally known as communicating for the purpose of obtaining sexual services is a criminal offence under s. 213(1.1) of the Criminal Code of Canada. Charges under this section are prosecuted across Ontario and carry serious consequences including a criminal record, a fine, and in certain circumstances, imprisonment. If you have been charged with a soliciting-related offence in Brampton or the Greater Toronto Area, Saggi Law Firm is available 24 hours a day, 7 days a week. Call 647-983-6720 now.

What Is Soliciting Under the Criminal Code of Canada?

The term “soliciting” in Canadian criminal law refers specifically to the offence of communicating for the purpose of obtaining sexual services for consideration commonly known as purchasing sexual services.

The law governing this offence was significantly changed in 2014 when Canada enacted the Protection of Communities and Exploited Persons Act (PCEPA). The previous offence of “communicating for the purpose of prostitution” was replaced with a new framework that criminalises the purchase of sexual services while decriminalising the selling of those services.

Key Provisions Under the Current Law

s. 213(1.1) of the Criminal Code – communicating in any place, for the purpose of obtaining sexual services for consideration. This is the primary soliciting offence and applies to the buyer.

s. 286.1 – obtaining sexual services for consideration. A broader offence that applies regardless of where the communication occurs and carries higher penalties than s. 213.

s. 286.2 – material benefit from sexual services. Targets those who profit from the sexual services provided by others.

s. 286.3 – procuring. The most serious related offence, targeting those who recruit, hold, or control persons for the purpose of providing sexual services.

Penalties for Soliciting Charges in Ontario

The consequences of a soliciting conviction depend on the specific provision charged and the circumstances of the offence.

s. 213(1.1) – Communicating for Sexual Services

Prosecution Type	Maximum Penalty
Summary conviction	Fine of up to $5,000 and/or up to 2 years less a day imprisonment
Indictable offence	Up to 5 years imprisonment

Where the communication occurs in a location where a person under 18 could reasonably be expected to be present a school zone, playground, or daycare area the court must consider this as an aggravating factor at sentencing.

s. 286.1 – Obtaining Sexual Services

Prosecution Type	Maximum Penalty
Summary conviction	Up to 2 years less a day imprisonment
Indictable offence	Up to 5 years imprisonment

In every case, a conviction results in a criminal record which can affect employment, professional licences, travel to the United States, and immigration status. First-time offenders may have access to alternatives to conviction, including diversion programs, but only where those options are actively pursued with the assistance of a criminal defence lawyer.

Common Defences to Soliciting Charges in Ontario

Absence of Communication

The Crown must prove that the accused communicated in person, online, or by any other means for the purpose of obtaining sexual services. Where the evidence of communication is weak, ambiguous, or based on police surveillance alone, the Crown’s ability to prove this element beyond a reasonable doubt may be challenged.

Purpose and Intent

The Criminal Code offence requires that the communication be for the purpose of obtaining sexual services. Where the purpose of the communication is genuinely ambiguous for example, where police conducted an undercover operation and the accused’s intention is disputed the Crown faces a higher evidentiary burden.

Entrapment

Where police conduct or a police agent induced the accused to commit an offence they would not otherwise have committed, entrapment may be established as a defence. Entrapment arguments are particularly relevant where undercover operations are involved and the Crown’s evidence of the accused’s predisposition to commit the offence is limited. A successful entrapment argument results in a stay of proceedings.

Charter Violations

If police obtained evidence through an unlawful search or seizure, conducted surveillance without proper authorisation, or failed to advise the accused of their right to retain and instruct counsel under s. 10(b) of the Canadian Charter of Rights and Freedoms, a Charter application under s. 24(2) may result in the exclusion of that evidence. Where key evidence is excluded, the Crown may be unable to proceed.

Insufficient Identification

Many soliciting charges arise from undercover police operations or surveillance. Where the identification of the accused depends on disputed eyewitness evidence or low-quality footage, identity becomes a live issue and the Crown must prove beyond a reasonable doubt that it was the accused and not someone else who communicated for the purpose of obtaining sexual services.

The Impact of a Soliciting Conviction

A conviction for a soliciting-related offence in Ontario has consequences that extend well beyond the sentence imposed by the court:

Criminal record – visible to employers, professional licensing bodies, and foreign immigration authorities

Travel restrictions – a criminal record for a sexual services offence can result in denial of entry to the United States under US immigration law

Professional consequences – licences in regulated professions (law, medicine, education, finance) may be suspended or revoked following a conviction

Immigration status – non-citizens may face deportation or loss of permanent resident status depending on the severity of the conviction

Sex offender registry – in certain circumstances involving aggravated offences or young persons, registration under the Sex Offender Information Registration Act (SOIRA) may be required

Given these consequences, it is critical that anyone facing a soliciting charge obtains legal advice before making any decision about how to proceed including whether to plead guilty.

Why Choose Saggi Law Firm for Soliciting Charges in Brampton

Saggi Law Firm has defended clients facing soliciting and sexual services offences across Brampton and the GTA. Every file is handled personally by Mandeep Saggi called to the Ontario Bar in 2009 and a member in good standing of the Law Society of Ontario with no junior associates appearing on your behalf.

What Saggi Law Firm reviews on every soliciting file:

Full Crown disclosure police notes, surveillance records, undercover operation details, and any electronic communications
Whether the communication element is provable beyond a reasonable doubt
Whether the accused’s purpose is genuinely established by the evidence
Whether an entrapment argument is available based on the nature of the police operation
Whether any Charter grounds exist relating to the investigation or arrest

Saggi Law Firm provides free, confidential consultations 24 hours a day. Call 647-983-6720 all matters discussed with a lawyer are protected by solicitor-client privilege.

Frequently Asked Questions – Soliciting Charges Ontario

What is soliciting in Canada under criminal law?

In Canada, soliciting refers to the criminal offence of communicating for the purpose of obtaining sexual services for consideration, under s. 213(1.1) and s. 286.1 of the Criminal Code of Canada. The law was changed in 2014 under the Protection of Communities and Exploited Persons Act. The purchase of sexual services is a criminal offence; the sale of sexual services is no longer criminalised under Canadian law.

Is soliciting a summary or indictable offence in Ontario?

Most soliciting charges under s. 213(1.1) of the Criminal Code are hybrid offences the Crown may elect to proceed by summary conviction or by indictment. Summary conviction carries a maximum fine of $5,000 and up to 2 years less a day imprisonment. Indictable prosecution carries a maximum of 5 years imprisonment. The Crown’s election depends on the nature of the allegations and the accused’s background.

Can a soliciting charge be withdrawn in Ontario?

Yes. The Crown may withdraw a soliciting charge where there is no reasonable prospect of conviction for example, where identification evidence is weak, where entrapment is established, or where Charter violations affected the integrity of the evidence. A criminal defence lawyer can review the Crown’s disclosure and assess the realistic prospects before any decision about how to proceed is made.

Will a soliciting charge appear on a criminal record check?

A charge itself does not appear on a criminal record check only a conviction does. If the charge is withdrawn, stayed, or results in an acquittal, no record is created. If a conditional or absolute discharge is granted, a record is created but may not appear on certain types of checks after a period of time. A criminal defence lawyer can advise on the record implications of any proposed resolution before it is accepted.

What should I do immediately after being charged with soliciting in Ontario?

Exercise your right to remain silent and contact a criminal defence lawyer immediately. Under s. 10(b) of the Canadian Charter of Rights and Freedoms, you have the right to retain and instruct a lawyer without delay and police must provide you with a genuine opportunity to do so. Do not discuss the facts of the allegations with police, family members, or anyone other than your lawyer. Call Saggi Law Firm at 647-983-6720 at any time all communications are protected by solicitor-client privilege.

Charged With a Soliciting Offence in Brampton? Contact Saggi Law Firm

Saggi Law Firm offers a free, confidential consultation for clients facing soliciting and sexual services charges in Brampton, Mississauga, Vaughan, and across the GTA. Every consultation is protected by solicitor-client privilege nothing discussed with Mandeep Saggi can be disclosed without your consent.

Call 647-983-6720 – available 24 hours a day, 7 days a week.

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