The accused was charged under s. 212(2) of the Criminal Code with living on the avails of prostitution of a person under eighteen.
The complainant, a sixteen‑year‑old, arranged to engage in prostitution from hotel rooms rented by the accused and paid him a portion of her earnings.
The accused argued he believed the complainant was eighteen and was merely assisting her with accommodation.
The court rejected the accused’s credibility and held he took no reasonable steps to ascertain the complainant’s age as required by s. 150.1(5).
The court concluded that by receiving money earned through prostitution and facilitating the activity by renting hotel rooms, the accused was living on the avails of prostitution.