Research Report for Prostitution in Canada
Jennica Uylett
300678747
Keleigh Gear
300722555
Tassy Morle 300713811
Rohini Shah 300756478
Submitted To:
Philip Alalibo
Global Citizenship
Centennial College: Progress Campus
March 9, 2015
Prostitution Law in Canada
Introduction:
Prostitution has often been referred to as the oldest profession in the world. Yet the Canadian governing body and courts decline to remember it as a profession. However, it is only remembered as a social harm or more awful yet a social malevolence. While the demonstration of offering sex in return for cash is actually legitimate in Canada, all related exercises are criminalized. This basically implies that it is unimaginable for a sex worker to do the lawful action of offering sex, without abusing one. This treatment of prostitution as a wrongdoing is straightforwardly identified with the shame encompassing sex work, and in addition apprehensions identifying with ethical behaviour, public order, and sexually transmitted diseases (Sondhi, 2010).
Our analysis starts from the notion that prostitution is not basically evil however is a authentic manifestation of work. This stems from the thought that sex for joy is generally as substantial and profitable as sex for adoration or procreation. The decriminalization of grown-up prostitution would permit sex workers to carry on their business with access to
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
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.
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
Abel, Gillian, et al. Taking the crime out of sex work: New Zealand sex workers fight for decriminalisation. Policy Press, 2010. Part two: Implementation and impact of the Prostitution Reform Act (2003): the first five years: Review of the PRA
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
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.
Lewchuk, commences by presenting the challenging of the constitutionality of Canada’s adult prostitution offences the Downtown East Side Sex Workers United Against Violence Society (SWUAV), and Sheryl Kiselbach have been proponing. She continues by supporting that decriminalizing prostitution will indeed improve the lives of sex workers lives. This, in turn, will not necessarily will improve the equality of all women. We see the author comment that the decriminalization will make it difficult for business women to be included in networking settings than it already is. She notes “the social conditions leading women to become involve in sex work include ‘poverty, homelessness, violence, addictions, and colonization’” Pivot Legal Society aim solve
Canada is seen as a renowned country that is liberal-leaning and an evolving nation, that promotes the progression and development of women all over the world. However, this is not the case under every circumstance; because as a government and society they are guilty of punishing those that are involved with prostitution. The laws that are in place (i.e. Bill C-36), show an antiquated view on the ideology/issue of prostitution; which is one that not only prosecutes sex workers but also affects their means of creating a stable income, as well as affecting their personal safety by forcing them to conduct their business in dangerous environments in order to prevent themselves from being charged/arrested. If the Canadian Government were to assess the various countries that have legalized prostitution, and examine the successes and failures presented by those legislations; then they could successfully create a realistic law concerning prostitution that meets a middle ground for both parties. Although prostitution may technically be “legal”, the acts that surround the issue are still considered to be illegal, such as: the advertisement of sexual services, purchasing said sexual services, financially benefit from the money received from said activities, and etc. The legalization of prostitution within Canada is not a newfound issue, and has always been a controversial issue. Therefore, within this essay I will be providing a summary of the “Attorney General of Canada vs. Bedford”
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.
Sometimes, the term “sex work” is used, as well as “prostitution”. But whichever term we choose to say, it does not eliminate the stigma attached to it. Cases such as the Bedford V. Canada Case (144) indulges into the conspiracy of sex work and challenges certain sections of the Criminal Code that make business in relation to prostitution illegal. Ideally, a sex worker has a career just as a teacher or lawyer. For this reason, their human rights and dignity should be protected by the Canadian Charter of Rights and Freedoms as are other professions. However, the Charter of Rights and Freedoms as well as the Criminal Code do not seek to protect sex workers, yet, they seek to do otherwise using certain sections of the Criminal Code
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.
It is rather odd to think that prostitution, which is considered to be the world’s oldest profession, would be illegal and harmful in nature. The issue of legalizing prostitution has entered public conversation around the world, which is severely divided. Many, like myself, consider prostitution to be a victimless crime. Despite such opposition to legalizing prostitution, many argue that legalizing it would result in decreased morality issues, increase the economic activity in the United States, and help decrease the number of sexually transmitted diseases among both prostitutes and those who patronize them,
The existing Canadian laws for sex work have recently undergone a change with the Conservative government’s new implementation of a bill to effectively decriminalize the existence of brothels and indoor prostitution while illegalizing the advertisement of said service and/or the purchase of said service.
Prostitution has frequently been touted as the world's oldest profession, for the simple fact that it has been prevalent in society for quite some time. In order to properly discuss the many social ramifications of this particular crime and possible ways for dealing with them, it is first necessary to define prostitution and to explore the reason why it is a crime. Prostitution is the exchange of money or monetary assets for sexual favors and pleasure. It is the paying for sex in all of its myriad facets, from conventional coitus to a number of lewd and arcane acts from which people derive pleasure. Prostitution is part of the sex industry, which includes legal business such as strip clubs (Weitzer 7). There are a couple of different reasons as to why exchanging money for sex is deemed illegal. One principle reason is that if it were legalized, it would be exceedingly difficult for the government to tax and to capitalize off it, which is one of the reasons in which marijuana is widely considered illegal. More importantly, however, prostitution is illegal because it promotes the objectification of women and their bodies, and inherently reduces the degree of parity between men and women in which the latter are viewed as things simply for the fulfillment of men's sexual desires. Additionally, there are a variety of noxious activities that accompany prostitution such as trafficking in which the will of another is subjected to someone else's.
The “world’s oldest profession,” also known as prostitution, is considered a grey area in morality (Thiroux). Prostitution is defined as selling oneself or one’s talents for base purpose (Agnes). Contrary to popular belief, there are plenty of arguments for prostitution and the act of prostitution becoming legal. Coinciding with popular belief, there are more arguments against the act of prostitution being legalized. While some consider the act of prostitution to be an immoral act others will consider it a victimless crime. Most people consider it to be immoral and use arguments such as it cause crimes, spreads social diseases and AIDS and it is extramarital and commercialized. The opposing argument, which is for the act of prostitution say that it, is a victimless crime, is a safe sexual release and is not socially acceptable and it could be controlled by the government (Thiroux). The underlying question now asks, is the act of prostitution moral?