R. v. Tang, 1997 ABCA 174
[11] In assessing the degree of criminal culpability of a pimp living off the avails of child prostitution, it is not enough to simply focus on the level of control the pimp exerts over the child prostitutes or on the money and benefits he extracts. While these will certainly be factors in evaluating culpability, they are by no means exhaustive. Nor does it follow that a financially unsuccessful pimp can argue that this necessarily makes him less culpable than would otherwise be the case anymore than a rich pimp can argue that his prostitution proceeds include only a minor part of his income. It is not a balance sheet exercise in which the Court assesses degrees of profitability. A whole panoply of factors, in addition to the usual aggravating and mitigating ones, should be considered including:
1. The degree of coercion or control imposed by the pimp on the prostitute’s activities;
2. The amount of money received by the pimp and the extent to which the pimp allowed the prostitutes to retain their earnings;
3. The age of the prostitutes and their numbers;
4. Any special vulnerability on the part of the prostitutes;
5. The working conditions in which the prostitutes were expected or encouraged to operate, including their physical surroundings in terms of soliciting customers and servicing customers, and safety concerns, in addition to whether appropriate health safeguards were taken;
6. The degree of planning and sophistication, including whether the pimp was working in concert with others;
7. The size of the pimp’s operations, including the numbers of customers the prostitutes were expected to service;
8. The duration of the pimp’s exploitative conduct;
9. The degree of violence, if any, apart from that inherent in the pimp’s parasitic activities;
10. The extent to which inducements such as drugs or alcohol were employed by the pimp;
11. The effect on the prostitutes of the pimp’s exploitation;
12. The extent to which the pimp demanded or compelled sexual favours for himself from the child prostitutes.