Could Markham set up its own red-light district?
One councillor thinks so despite it being a challenge to current federal law

yorkregion.com
June 8, 2017
By Tim Kelly

Could Markham establish its own red-light district?

At least one councillor thinks so in spite of it being a direct challenge to current federal law.

Ward 3 Coun. Don Hamilton, in reaction to complaints of illegal residential bawdy houses in his ward, suggested it might be time to zone such places in the industrial or commercial areas of Markham.

"If council wants to discourage prostitution from occurring anywhere/everywhere across our city, then perhaps we should look at zoning which isolates it to a less desirable area such as a commercial/industrial area, which may keep it out of our residential communities (where apparently it now exists) and relegates it to an area where the authorities can keep a watchful eye on it," he said.

However, current federal law says it is illegal to establish a bawdy house to sell sex. It's not illegal to sell sex, just illegal to establish a bawdy house to sell it. And, by the way, it's also illegal to purchase sex under the law.

Constitutional law expert Alan Young, who teaches law at York University, said current federal law “might suggest it is no longer an offence to set up an indoor premise, the problem is, every customer is committing a crime and illegal activity is still going on."

Young said that in theory the municipality cannot license a bawdy house because it's not legal.

However, he also said he doesn’t see a  problem “with them doing it because they do for body rubs, I don't know how you jive the fact the municipality makes revenue off an activity the police can still come in and charge people for.”

Thornhill resident Alena Gotz is dead set against the idea of a Markham red-light district.

"Markham has to decide if it is for prostitution or for families," she said, wondering if Hamilton has the legislative authority to push for bawdy-house zoning in an industrial area of Markham.

"The industrial area also has daycares in it and residential areas are built right within the industrial area," Gotz added, saying it's a bad idea.

Six other Markham councillors contacted flatly turned down the idea of considering zoning anywhere in the city for bawdy houses.

Their answers all ran along the lines of: "It's illegal."

Deputy Mayor Jack Heath said: "Permitting prostitution in certain parts of the city? I don’t think so."

Ward 4 Coun. Karen Rea said: "Prostitution is illegal and I do not support zoning in any residential, commercial or industrial neighbourhoods for this type of activity."

And the councillor in whose ward the zoning would most likely go, Ward 8's Alex Chiu had the most visceral response of all: "I would never agree to that. Most of the commercial area is in my ward. I put up a big fight to get them out. No way, there's no way," he said.

He said the police should handle complaints of bawdy houses in current residential districts.

"They (police) do a great job," he said.