Woman acquitted, but no escort Charter challenge

By Collin Gallant on May 9, 2024.

A woman charged under the city municipal “escort” bylaw has been acquitted due to failures in police investigation after her legal representative challenged the tickets as well as the city’s authority and practice of regulating the business.

The findings of not guilty however, mean a Charter challenge suggested by the defence wasn’t considered in a verdict handed down Wednesday in Provincial Court of Justice at Medicine Hat by assistant chief justice Sylvia Oishi.

Ken Montgomery, who operates as a legal agent, not a lawyer, represented the 27-year-old Ontario woman and argued the city’s bylaw is contradictory, oversteps its authority to regulate an area of criminal interest and the licensing system places a burden on sex workers.

“Reasonable doubt came into play and that’s too bad because (the Charter challenge) would have had ramifications nationally perhaps for escort bylaws,” Montgomery told the News. “But my client is happy because she’s not guilty on all three charges.”

Medicine Hat licenses escorts under a bylaw first adopted in the early 1980s, earning money from escorts which Montgomery said obviously amounts to prostitution, which is no longer a criminal offence.

Otherwise, he argued, the woman should have been charged for not having a masseuse licence.

City attorneys, acting as the prosecution on the municipal tickets, argued at trial that the city has the authority to pass and enforce such bylaws. Police officers testified they use their expertise to determine what is and is not escort work.

The City of Medicine Hat said in a late-day statement that it accepts the acquittal on the bylaw offences.

“The court did not make any adverse finding regarding the validity of the city’s Escort Service Bylaw,” the statement read. “Prior to these tickets being issued, the city undertook a process to review the licence fees in the Escort Service Bylaw. That process is continuing.”

Council’s development and infrastructure committee, which oversees the business licensing department, is due to receive the report in late 2024.

“I hope that the city takes a good hard look at the bylaw, because in my opinion it shouldn’t even be in there,” said Montgomery. “The bottom line is that you can’t regulate prostitution, but unfortunately there was no ruling on that.”

Federal changes to the criminal code in 2014 removed criminal violations for selling sex but maintained illegality of purchasing sex, or earnings fees or commissions – measures to focus on human trafficking.

Police officials told court in February that no human trafficking investigation was launched in the case and such cases are typically investigated by police agencies outside Medicine Hat.

Enforcing the bylaw is done as a part of major crimes investigations due to the complexity and need for resources unavailable from the regular bylaw enforcement unit.

To operate legally in Medicine Hat, an escort – described as a person who charges or receives a fee “for acting as a date or providing personal companionship for a limited period of time” – is required to obtain a licence for $250 ($350 for non-residents). They must also work with an agency or register as an independent at a cost of either $3,000 or $5,000. A general business licence in Medicine Hat has a fee of $107.

In February court heard that police became aware of the woman when an officer conducted a typical survey of a known website and found an ad offering “full release massage” and options for a shower in exchange for payment at a city motel.

Two officers set up an appointment, arrived at the location and charged her with three offences under the bylaw.

Those included operating without a licence, unconnected to a registered agency and advertising the service. Each offence had a potential penalty of $500.

A written judgement in the case is expected to be filed in the next several months.

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