The Criminal Code And Prostitution

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.

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.

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

According to Jacqueline Barnhart in her book, “The Fair but Frail,” there is an increase of sex crimes in locations where prostitution was made legal. She also argues legalized prostitution promotes and contributes 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

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

Statistics Canada says sex trade is job that is at a high risk since 2000. Homicide in Canada report had said that since 1991, 73 sex workers were murdered on the job. Sadly, this trend remains today. In 2007, 15 sex workers were reported “killed as a direct result of their profession, up and average of 7 per year for the previous decade”.1 Research has proven that the murder scale for sex workers “represents roughly 60 to 120 times the murder rate of adult women in the general Canadian population”.2

In the book “Street Sex Work and Canadian Cities: Resisting a Dangerous Order” by Shawna Ferris, she discusses the influence of mainstream media representation of street workers on the ever-grown urbanized population. Across the country, media sources promote an anti-prostitution bias and incorporate images and stories that portray sex workers as a nuisance to society. A study was that was conducted by Erin Gibbs Van Brunschot, Rosalind A. Sydie, and Catherine Krull, in regards to media related-news on prostitutes between 1981 and 1995 in Canadian newspapers discovered that their themes were all inter-connected. “There were four themes that were most prevalent in the years under review: nuisance, child-abuse, violence, and non-Western prostitution.”

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,

Another country famous for adopting the approach of decriminalizing prostitution is Sweden. However, the implemented prostitution statute is not the average decriminalization law. It is recognized that such was established when Sweden passed a law in 1999, as part of a violence against women bill, that criminalized buyers of sex while keeping the person who sold sex or was sold for sex decriminalized.It gave birth to the partial decriminalization approach.

There are opponents that are against the criminalization of prostitution that argue that the act of prostitution is the matter of free choice. Often, critics claim that if a sex worker chooses to trade in sex, the government should not restrict workers with punitive laws. A prime example of this opponent is Amnesty International, a human rights organization, that stated, “Sex work means that sex workers who are engaging in commercial sex have consented to do so.” However, this argument ignores the tragic reality that overshadows individuals involved in the fraudulent sex industry. The acts may be consensual, but prostitution is not a vocational choice for many sex workers. According to Toronto non-profit organization, SexTrade101, 97 percent

Although the written laws against prostitution are relatively clear, the overall goal of Canadian prostitution is not. There is no prohibition of the buying and selling of sexual services. This is what makes the Canadian law on prostitution unclear. A set of codes has been created so that it would be very difficult for a person to prostitute without breaking the laws, however the avenue of prostitution is still accessible. One may conclude from the criminal code that the government’s purpose in regard to prostitution is to keep it off the streets and out of the public eye. There are many large municipalities who facilitate the off-street trade by means of licensing it and regulating it. In this case, laws

Prior to the discussion of the methodology employed in this research, a hypothesis of answer for this research question ‘Can people attitudes on the legal status of prostitution be shaped by media representation?’ will be allocated. The hypothesis position to this question is posited as ‘an individual with less knowledge on the subject (i.e. prostitution and its legality issues) is more probable to affect by media on his or her attitude towards prostitution’.