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
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.
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.
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
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
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.
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
Prostitutes exist in our society and are destined to remain the profession exists on every continent per diverse societal and politically aware prominences. A prostitute is an individual which offers sexual favors in exchange for money, prostitutes are typically thought of as women; however, men also has a place in prostitution and it’s in high demand. In the profession of prostitution there are no taxes to be paid, or retirement funds to collect, yet, prostitution is not unlawful in Canada. The young generation in Canada looks at this as a possible “career opportunities,” which puts the title of “prostitutes” in an unclear locus in relations to being a profession or a career. It is lawful to vend sexual favors, but it is unlawful to buy these
The author describes the impending the decision of the Supreme Court of Canada on whether current Canadian prostitution laws are putting female sex workers at risk for violence and murder. These laws can change the ability to do sex work in Canada, as prostitution itself is not illegal but the Supreme Court may direct certain bans if voted in. This paper reveals the laws are mainly aimed to protect women against harm since a year before Robert Pickton murdered many female sex workers in British Columbia. Then Fine’s paper address policies about sex workers and if it is helping or violating workers rights. Fine’s article includes a diverse array of perspective on this issue, as he presents that there isn’t a clear resolution when it comes to
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
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.
Some say prostitution is the world 's oldest profession. Yet, only a small percentage of the world’s government allows it. The legalization of prostitution is a very controversial topic due to many people’s moral beliefs. Prostitutes all over the world are treated as outcasts. A reason for people to be against prostitution could be due to their religious beliefs, moral standpoints, or lack of knowledge over the subject. Many religions state that sex outside of marriage is a sin and those who do it should be looked down upon. Due to these beliefs people tend to be against the legalization of prostitution. Though there are many facts that show that prostitution should be legalized. Prostitution should be legalized in the United States because then it can be regulated, would help the economy, and would lower the prison population and crimes against prostitutes.
Prostitution is defined as the act of “providing or receiving sexual acts, between a prostitute and a client, in exchange for money or some other form of remuneration” (Hock 557). The idea of exchanging sex for valuables has been around since the beginning of human society. The first reported data about prostitution was reported around 3000 B.C.E in one of the first known civilizations, Mesopotamia (Caraboi and Fierbinteanu 362). It is often referred to as “the world’s oldest profession.” Today, even though prostitution is illegal in most parts of the world, it is still prevalent worldwide with different ways to exchange sexual services for payment and many different types of prostitutes. One of these types of prostitutes are brothel workers; brothel workers work in “a house of prostitution,” a brothel, which are normally in areas where prostitution is not criminalized or is legalized (Hock 560). Like prostitution, human trafficking has been around for thousands of years and is still present today.