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Law.Hut, Lawyer
Category: Canada Law
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A friend of mine is a fitness model and has a client of his

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A friend of mine is a fitness model and has a client of his with an odd request that he's wondering about the legal implications of. This client invites my friend to a hotel room to flex and model for him privately (strictly no touching), and the client does cocaine while he watches for 30 minutes and pays my friend cash up front and following the event for my friend's time. The cocaine is procured by the client ahead of time and my friend has no interaction with it. He also requests that my friend takes videos of him while he's doing illicit drugs in order to "have something on him".

Ethics aside, is there anything against the law happening here as it relates to my friend's role in this, or anything my friend should be doing to protect any potential downside or further legal implications my friend should be considering? Thanks very much for any guidance that I can pass on.

Law.Hut : Just to clarify- this client is the one that asked the video to be made, so that your friend would have some incriminating evidence of him? I think that is correct but it is so odd I wanted to check.

Hi Law,


Yes the client specifically asks for the video to be made (he has a high profile career in public sector) and he asks my friend to use the video to make sure he gets his payment after the session


Not "use" I should say, but to keep it

Nothing illegal has been done by your friend. It is not illegal to simply be present while someone else is doing something illegal. He was not aware ahead of time that this would occur and be did not encourage the commission of the offence of possession of cocaine, so he would not be guilty of aiding or abetting the offence.

If I were him though, I would avoid future dealings. The facts as you state are not illegal as far as he is concerned. But if the police were to burst in and arrest both of them- this facts may not be as clear. Maybe the client points the finger at him, saying it is his drugs. Or says it was his idea, leading to a possible charge of abetting or encouraging he offence, which is prosecuted just as if he had committed the offence himself. The "facts" in such a situation can get quickly distorted.

There is also some risk regarding the video. It is not illegal to possess it. But the very odd suggestion that he keep it to get payment is a suggestion by the client that the video could be used to extort payment- as in, "I will pay you or you could threaten to use the tape to expose me". If your friend actually used the tape in that way it would be extortion, an indictable offence under the criminal code. It would not matter that the victim, bizarrely, made the suggestion to him to use the tape for that purpose. It would still be a threat made for the purpose of a gain, and illegal.

I hope this is of assistance.

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