Prostitution : The Oldest Profession

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

Additional prohibitions are placed on any advertising for sexual services which include newspapers, online, or other forms of media (Department of Justice Canada, 2014). This policy is greatly influenced by the Swedish Model argues that it is society’s responsibility to outlaw the purchase of sexual services on the understanding that ‘women are vulnerable’ and sex trade is never a choice (Cosh, 2014). Mainly, the new prohibitions will be supported by $20 million in new funding, with an emphasis on programs that can help individuals exit prostitution.

Prostitution, sometimes referred to as “the world’s oldest profession” (Henslin, pg. 54), is defined by James M. Henslin as “the renting of one’s body for sexual purposes” (pg. 54). This arrangement, though illegal and socially deviant in most parts of the world, exists universally in many different forms (pg. 54). As a matter of fact, types of prostitutes range greatly in variety from call girls – who are said to be “the elite of prostitutes” (pg. 58), to streetwalkers – “who have the lowest status among prostitutes” (pg. 58), to sugar babies -young, physically attractive women who provide “rich, older men” (Kitchener, par.4) “…with attention (and sex) in exchange for the finer things in life” (par. 4).

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

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

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

First, I will discuss what aspects of the law have been changed in Canada and what this means for prostitutes and their clients. I will then further discuss the points that adults can consent to sex and that the government has no right to completely ban consensual sex involving financial transactions between adults. In addition, individuals should be free to do what they want in regard to their own bodies and should be able to decide with whom they want to

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

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

Canada’s first prostitution laws were adopted from the English model that treated prostitution as a violation of public order. These laws criminalized various activities related to prostitution through the bawdy-house and vagrancy provision (Sondhi, 2011). In Canada, prostitution is de facto illegal and has never been de jure illegal. That is, prostitution per se is legal in Canada; however, laws forbid a number of activities associated with prostitution, thus making it impossible to engage in prostitution without breaking the law.

Individual autonomy is highly regarded in society as one of the values that each human being is intrinsically entitled to. Despite this, when social issues come in to conflict with morality, government intervention and legislation challenge these ideals of privacy. Society is then left with the dilemma of deciding how to address the commitment to autonomy when it is paralleled with concepts that contest the social norm. For example, debates on the legality of prostitution and the sale of human capacities in Canada and other parts of the world have led to both the belief that prostitution should either remain illegal, or decriminalized and regulated by the government. In this paper, I will argue that decriminalization of prostitution in a country such as Canada is feasible; however, it must be done so carefully and with extensive and thorough government regulation. Furthermore, I will make the assertion that in light of individual autonomy, the process of decriminalization and regulation will promote gender equality and right of choice without causing concern or harm to the majority of third parties. I will focus on the quintessential debate around human rights and self-sufficiency with regards to sex work by explaining the notion of personal liberties and integrities, examining ideas of individual autonomy and equality, the implications of prostitution on third parties, the benefits of regulation and decriminalization and, lastly, I will also recognize the shortcomings and