Bill C 36 : Protection Of Communities And Exploited Persons Act

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.

Bill C-36 was introduced on June 4, 2014 with “the overall objective of reducing the demands for prostitution with a view to discouraging entry into it, deterring participants in it and ultimately abolishing it to the greatest extent possible” (Department of Justice Canada, 2014, p. 3). According to the Department of Justice 's Technical Paper, this paradigm shift operates under the view of prostitution as a form of sexual exploitation that negatively and disproportionately impacts on women and girls. The new law is referred to as “made-in-Canada” model which makes prostitution per se not illegal, but “directly targets the demand” for prostitution (Department of Justice Canada, 2014). Minister of Justice and Attorney General of

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

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

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 this book, editors Gillian Abel, Lisa Fitzgerald, Catherine Healy, and Aline Taylor recount the various ways that New Zealand decriminalized all sectors of sex work. It provides first-hand views and experiences of this policy from those involved in the sex industry, as well as people involved in developing, implementing, researching and reviewing the policies. By evaluating New Zealand’s framework of decriminalization, and by extension the Prostitution Reform Act, these editors provide a complete picture of radical legal reform in an area of current policy debate that can later be reference by policy makers and activists.

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

All the activities made illegal regarding prostitution In Canada make it difficult for this to be recognized as a proper profession to make a living off legally, although legal it can be seen that Canadian society does not want to associate itself with prostitution choosing to brush it off the shoulder and allow it to exist minimally. In Canada it has long been debated the role the criminal code plays in regulating and controlling prostitution. The diversified opinions of Canadians over prostitution have been made visible through constitutional court challenges as well as government and parliamentary reviews dating and scanning back the past three decades.(Insert citation) This led to a supreme court decision which called the laws surrounding prostitution unconstitutional and the government was given the task to replace these laws with a time span of one year. The Canadian government responded to this with bill c-36 which was introduced by Justice Minister Peter Mackay on June 4th 2014. Bill c-36 will criminalize the purchase of sexual services thus making prostitution an illegal activity for the first time in Canada's history as a country. This new piece of legislation will considerably change the manner in which the criminal code addresses prostitution and

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.

Sexual exploitation is an atrocious wrongdoing that has become widely seen in Toronto. Although females are primarily targeted, victims also include trans people and youth of any race or gender (Global Mail: 2016). Sexual traffickers often look for victims that yearn for a better life as it is an effortless way to influence a victim into the sex trade. However, if the deception of granting a better life does not lure the victims into the sex industry other forms of coercion such as intimidation, romantic manipulation, violence, threats, lies, or debt bondage is taken into consideration. Once the victim is seduced the enabler is contacted by the trafficker, and johns (a name is given to male clientele) are awaiting for their services. Since

Furthermore, the Supreme Court of Canada struck down the previous sections of the prostitution laws in the Criminal Code in 2013, which occurred in the decision of the Attorney General of Canada v. Bedford case. The previous laws: living off the avails of prostitution, the ban on brothels and having public communication with clients, were deemed as an infringement to Section 7 of the Charter of Rights and Freedoms. These laws are deemed unconstitutional by the Supreme Court as it infringes on sex worker’s Section 7 rights, which is entrenched in the Charter. Hence, the Conservative government that are now out of power, put into effect Bill C-36, The Protection of Communities and Exploitation Act, which received Royal Assent. This new Bill amends

Prostitution has been around as long as human beings have engaged in sexual activities, and it is even touted as the world’s oldest profession. Despite these proclamations, the subject of prostitution continues to spark controversy in the United States in moderns times as it is a hot debate topic. Off and on, throughout the years, various states around the country have proposed that the practice should be decriminalized; however, it remains illegal nationwide, except for a few counties in Nevada. The reasons for this stem from both sides of the argument, as anti-prostitution advocates claim decriminalization of prostitution is immoral and sexually exploitative, while pro-prostitution advocates want to keep the government out of the bedrooms of consenting adults. No matter the stance for or against prostitution, the current legal construction surrounding it is undeniably harmful. Regardless of the arguments against prostitutes, it is time to decriminalize the laws against this practice to protect the rights of sex workers.

The sex industry is highly divided between those who call themselves “sex workers”, and former prostitutes who call themselves “survivors” (Glazer 340). Women should have the right to choose what they do for a living, including prostitution. 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.

When “New Zealand implemented full decriminalization… the number of sex workers stayed flat…[and] condom use among sex workers rose above 99 percent” (Bazelon, 2016). This legalization model disproves many concerns the opposition may have. It gives credibility to Bazelon’s argument by showing that the position presented is a viable, positive option in the audience’s society. The statistics given appeal to the audience’s logic, further strengthening Bazelon’s argument by continuing an evidence rich string of support for the author’s main claim. Statistics are not the only evidence Bazelon uses to show positive real world scenarios. The author also uses testimonies from sex workers in recently decriminalized areas, such as Annah Pickering, who remembers how “ [she] used to wave down police for help, and they’d keep driving, but now they take sex worker’s complaints seriously…one client negotiated with a street worker; she did the act and he refused to pay. She waved a cop down, and he told the client he had to pay and took him to the A.T.M to get the money” (Bazelon, 2016). Comparing this testimony to those given by sex workers in criminalized prostitution areas, demonstrates examples of reductions in stigma and a positive relationship forming between prostitutes and police.