The Decriminalization Of Prostitution And Sex Work In Canada

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

Bill C-36: Protection of Communities and Exploited Persons Act is a response to the December, 2013 Supreme Court decision in Attorney General of Canada vs. Bedford. The Act was introduced in the House of Commons on June 4th, 2013 and passed in the House of Commons on October 6, 2014 by a 156-124 vote. It will now be considered in the Senate. Bill C-36 attempts to take the Nordic model approach, penalizing paying for sex while decriminalizing the sale of sex. This paper will present a review of Bill C-36, the importance of decriminalizing prostitution and insight into the ways that I intend to influence it as a social worker.

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.

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

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

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.

Sexual favours in return for money, just the thought of this has people cringing, although laws have deemed to move forward with the idea of prostitution it seems although socially there has not been much progress. The idea of prostitution still scares, or one could even go as far to say it disgusts people. The lack of knowledge and awareness of the details of sex work create this ongoing hate towards sex work, which continues to stigmatize sex workers. Regardless of changing laws, regardless of changing policies, why is it that sex workers are still afraid to proudly announce that their job is in fact the job of a sex worker? Unfortunately, it seems as though the idea of sex work that seems to be such a terrible one is not what bothers sex workers the most, it is the social misconception of what sex work is like that leads these individuals to feel highly stigmatized (Van der Meulen and Redwood, 2013). The primary harm for of prostitution seems to be the stigma against prostitution, women involved in prostitution are considered socially invisible as full human beings (Farley, 2004). Why is it that our changing and progressing laws are still unable to remove this stigma from the lives of sex workers? This paper will argue that prostitution laws continue to produce stigma around sex work. It will argue this through revisiting the historical laws, examining present laws and ongoing laws at this time.

One of the oldest known jobs in history is Prostitution, otherwise known as the sex labor industry. It is a major part of our society as an illegitimate source of income and employment. The prohibition of Prostitution creates a larger number of issues in society. Before, prostitution was a more individual decision, where countless women picked it as a last resort in emergencies; whereas now these women are coerced into the industry and experience abuse, murder, etc. The involvement and trauma prostitutes experience results in mental disorders. Furthermore, I investigate how the prohibition of prostitution has greater drawbacks on our society and introduce three policies that may help resolve the social issue within sex workers. Some policies I believe will provide the most benefits are first, the legalization of prostitution, second, enforcing and strengthening the law enforcement for human trafficking, and third, development of availability of medical resources.