THE OFFENCE OF KEEPING A COMMON BAWDY-HOUSE IN CANADIAN CRIMINAL LAW J. Stuart Russell * 1. INTRODUCTION Black's Law Dictionary defines a "bawdy-house" in the following terms: A house of ill fame; a house of prostitution; a brothel. A house or dwelling maintained for the convenience and resort of persons desiring unlawful sexual connection .... A disorderly house. I The way in which the criminal law has interpreted, re-defined and extended the offence of keeping such an institution is the subject of this study. An analysis of the history of the offence at common law and the statutory enactments will be examined. The judicial interpretation of the offence will be scrutinized. A number of special legal problems will be discussed and finally, certain policy considerations will be canvassed. In the latter section it will be argued that the offence of keeping a common bawdy-house should be repealed, as it represents an unnecessary restriction on the right to privacy and sexual freedom of expression of individuals and does not create a serious enough degree of social harm to warrant the sanction of the criminal law. This examination is not exhaustive; its scope will be limited to the most important points of law in this area while focusing in particular upon the most recent case law in Canada. A discussion of the offence from the perspective of minors and * Of the Quebec Bar School. I 194 (4th ed. rev. 1968). I The Oxford English Dictionary 711 (1970) deFines "bawdy" as "I. Of, pertaining to, or befitting a bawd; lewd, obscene. unchaste ... 3. Comb ... bawdy-house,abrothel ... 1882EI'. Man'sOI\'l/Lall'yer 390 the keeping of a bawdy-house is a common nuisance." Disorderly is defined as "b. spec. in La\\'. Violating public order or morality; constituting a nuisance; e:.p. in disorderly him.le (sec quot. 1877); disorderly person. one guilty of one of a number of offences against public order as defined by various Acts of Parliament, esp. 5 Oeo. IV. c. 83. s. 3 ... the following houses are disorderly houses ... common bawdy-houses. common gaming houses. common betting houses, disorderly places of entertainment. 1887 Time,l 30 Sept. 8/3. The charge of keeping ... a disorderly house. "Id. vol. Ill. at 474. 270