A Brief Note On Bill C 36 And Its Effects On Women And Girls

Canada is a nation renown as a liberal-leaning, forward nation; promoting the advancement of women in all parts of the world. However, it is a nation guilty of punishing women for the circumstances in which they find themselves with laws showing an antiquated view on the issue of prostitution—one that prosecutes sex workers instead of those who take advantage of women’s situations and buy sexual services. BY examining the origins of current-day laws concerning prostitution in Canada and looking at European legislation as well as its successes and failures made it is possible to find a middle ground that will suit Canada should it ever decide to change its laws concerning prostitution.

As part of McGill’s Community Engagement Day, I went on a walking tour of Montréal’s historical Red Light District presented by Karen Herland, professor and specialist in the history of prostitution. Her historical analysis (personal communication, October 2, 2015) of the neighbourhood gave great insights on morality and legislation issues regarding sex work, specifically about the relationship between authorities and prostitution as well as some of the impacts that these laws and other attitudes that regulate sex work have on women. Her astute reports lead us to the following proposition: the dynamics between authorities and sex work indicates that under the guise of “morality”, the laws in place and their application did not actually oppose sex work, they rather worked to limit women’s emancipation.

Canadian prostitution, the practice of exchanging money for sexual services” (Shaver, 2011) originally started in the 1800’s, and has never been an illegal act Canada. However, the dangers of the job, and safety risks these women are exposed to have always been prevalent on Canadian streets. The most common form of prostitution when the trade was established was off street prostitution. This can be defined as, “Prostitution that is issued out of escort agencies, massage parlours, private residences, brothels, bars, clubs, trick pads and bathhouses” (“Fact Sheet,” n.d.). [Correct Citation?]This industry thrived for decades with little no to police presence as the newly created transcontinental railways transported large masses of single men to the west coast. However, in 1890, new legal constrains, which were now enforced, made operating brothers a challenge and forced street prostitution to become more common, “street prostitution is a form of prostitution in which a sex worker solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, benches, etc. The street prostitute is often dressed in a provocative manner.” (Shaver, 2011). When the number of women working the streets increased, the safety level decreased. In order to expand one’s knowledge on the dangers of female street prostitution, one must fully comprehend the differences between the two forms of

Overall, Bill C-36 attempts to create a new legal framing for prostitution in Canada and is rooted in the belief that prostitution is inherently violent and exploitative; therefore the intent is to protect sex workers from exploitation, protect communities from the harms caused by prostitution, and reduce the demand for sexual services. The framework of Bill C-36 seeks to “denounce and prohibit the purchase of sexual services, procurement of persons for the purposes of prostitution and the development of economic interests in the prostitution of others” (Canadian Criminal Justice Association, 2014). Even though the aim of Bill C-36 is to protect victims from exploitation and/or prevent exploitative situations, it does so at the expense of the lives of those in the sex trade. Bill C-36 creates the environment for exploitation to flourish by only

In Canadian law, buying or selling sexual services within Canada is considered legal. However, this controversial topic has raised discussions between people because of the possibilities of illegal activities inside the world of prostitution. From reading the newspapers to hearing it on the television, we know nothing good ever comes out of prostitution because of the exposure to the risky businesses and dangerous people. Prostitutes engages in a number of dangerous harmful activities such as taking drugs, rape, emotional and physical abuse, and the worst case scenario is death. In this thesis paper, I’ll be discussing the main points and arguments as to why prostitution should have been illegal to begin with and why Canada should

We say that slavery has vanished from European civilization, but this is not true. Slavery still exists, but now it applies only to women and its name is prostitution The 4th of November 2014 is a day that will be remembered as the most notorious day in the history of the Canadian Justice System. On November 4th 2014, the most controversial prostitution bill “Protection of Community and Endangered Persons Act”, also known as C-36 was passed in the Supreme Court of Canada. According to this law, the ‘sale of sex’ has to be regarded as a legal act. However, the law did not include several other aspects of the prostitution trade. The sale of sexual services between the prostitutes and pimps is still to be categorized as an illegal act. The new law passed by Canada’s legislation is inspired by the “Nordic Model” of prostitution that was initially adopted in 1999 by Sweden. The Nordic Model of Prostitution states that prostitution is not prohibited, but paying for sex is. This model aspires to remove the deep-rooted problem of prostitution from the system, without actually subjecting and targeting the prostitutes, who are themselves often the victims of sex-trafficking. This Paper will argue that despite the fact that C-36 was a smart move taken by the government of Canada in response to SCC’s Criticism, this law might not be the most appropriate approach towards eliminating sex trade off the streets.

Decreasing violence and promoting safety is one of the many positive outcomes from legalizing prostitution. Engaging in conversation about the purchase of sex is illegal in Canada. Because of this, Meaghan (2002) argues that prostitutes are forced to work in unsafe locations away from police surveillance, rushing negotiations and not being able to make an safe decision about their client. Seals (2015), found prostitutes are fearful of legal recourse when they are victimized. Legalization would give prostitutes the same protection as the general public and would be able to press charges accordingly. Providing a registered place of business for licensing also limits instances of violence. Seib, C., Dunne, M. P., Fischer, J., & Najman, J. M. (2010), found that prostitutes who worked in regulated brothels were healthier and safer than prostitutes who worked in non-regulated brothels or on the streets. “Elaborate safety measures (panic buttons, listening devices, and management surveillance) allow managers to respond to unruly or violent customers quickly and effectively” (Weitzer, 2006, p. 35). This also would help limit the chance of Human sex trafficking as businesses would be consistently checked and positive relationships with law enforcement would be made.

In 2013 the Supreme Court of Canada (SCC) struck down the Country’s existing prostitution laws because they violated Section 7 of the Charter of Rights and Freedoms (hereafter referred to as The Charter) as they infringed in a sex workers right to life, liberty and security, specifically because while the act of being a sex worker was not illegal, many of the aspects around it were which was deemed unjust (Perrin, 2014: 6-7). This case is important not only because of the way it effects sex workers, but because when the law was sent back to parliament to be revised the resulting law ended up being far different than the original claimants desires. This case demonstrates one of the ways Parliament and the SCC interact with each other as a

Due to the fairly recent changes regarding the legality of prostitution in Canada, individuals who use and provide these services have been cautious (Warnica, 2015). Unfortunately, new laws may create more problems than benefits, such as, financial problems due to fewer people buying sex because it is illegal to do so. In this paper, I will explicate and assess the new changes to the law regarding prostitution in Canada, arguing that prostitution should be legal in Canada. Prostitution laws vary all over the world. Some jurisdictions are similar to Canada whilst others are extremely different. The United Kingdom is similar to Canada, as acts related to prostitution are illegal but prostitution itself is not. In Germany, Netherlands, and New Zealand prostitution is legal and so are brothels. However, in Argentina, France, Singapore and Greece brothels are illegal put prostitution is. There is no universal agreement on how governments should legislate or regulate prostitution.

Sex work is a very controversial topic and many individuals are passionate about what they believe. Regardless of the moral arguments, beliefs and disbeliefs, every person in Canada owns the right to have their human rights as well as their health respected one hundred percent. The Courts of Canada have focused on the precise question of whether or not Canada's current laws abide by the Constitution and serve to protect the human rights of the persons engaging in sex work.

In Canada it is not illegal or a crime to sell sex in exchange of cash. It is also a source of issue for the supreme court of judgment to strike down prostitution laws and make changes. Also sex workers involved in various sexual activities were against the law. The old regime of Canada contained three pillars that stated it illegal for sex workers to own brothels and work in these places. It is seen that in Canada the sex selling business is totally legal. The three pillars of the old regime were declined by the Supreme Court. And also gave positive signals that new rules will be coming in Ottawa. The new rule will also consider the risks and safety of the sex workers. From various researches it has been found that the court agrees since prostitution is legal. There is no chance for Ottawa regulate prostitution. Parliament has the authority to take legal steps about prostitution without health and safety measures of the sex workers. It is illegal for prostitutes that did business in the same place and employed receptionist or security in public society. The court mentioned that people that are doing these things are risking their

This article focuses on how women who engage in sex work in Canada (whether it is by choice or not), are exposed to dangerous conditions and are often times abused, because of the prostitution laws that have been imposed over time. Abrol forms comparisons between several different countries in order to discuss the outcomes that may result from the legalization and/or decriminalization of prostitution (Abrol 2014). After looking closely at the data, Abrol's research has led him to the conclusion that although there is "no simple solution to the question of sex work" (Abrol 2014) criminalizing it will not help control the issue in the long run. The criminalization of prostitution has not worked to protect sex workers but has had the exact opposite

Prostitution is one of the oldest professions throughout the ancient and modern culture. It has been around for one of the longest times. Prostitution will possibly be found where one finds evidence of life and human. By definition, prostitution is known as commercial sex. A prostitute receives payment in exchange for sexual services between another person. However, the criminalization of prostitution is necessary in most countries as there is capital gain involved, puts the environment at a greater risk of violence, and causes less protection for sex workers. Most countries including Canada have done an effective job in outlawing prostitution with new legislations. Current Canadian laws tend to respect sex workers and additionally, address their issues as well. Within my essay, facts about the Bedford V. Prostitution case along with the government’s response to the case will be addressed. Media coverage and representation of the case will be discussed along with the media coverage in relation to criminalization of prostitution amongst different viewpoints will be analyzed. A critical opinion about the current state of law in Canada in regards to criminalization of prostitution will also be addressed. Comparison between the academic articles and media will also be discussed in depth. The current laws in Canada for prostitution are fairly effective by ‘ending demand’ for sexual services in Canada as Bill C-36 was passed.

Thesis: The criminalization of prostitution does more harm than good when often women are left unprotected, both socially and legally, and therefore, the United States should make efforts to decriminalize and regulate prostitution instead.

The Sex Industry may need to look at New Zeeland’s example, where the sex workers can rent a home to do their business. It's a safer solution and provides a safer environment for the industry. This simple change may help reduce crime. Law makers should involve the sex workers to achieve better and safer laws to protect them and the whole Sex Industry. “If they didn't search for the girls, there wouldn't be any girls.” (Where is Justice?) No matter what the solution may be, this industry has been around for thousands of years and the desire for unlawful sex and prostitution will most likely not diminish in the near