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
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
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.
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
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
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.
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
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.
We say that slavery has vanished from European civilization, but this is not true. Slavery still exists, but now it applies only to women and its name is prostitution The 4th of November 2014 is a day that will be remembered as the most notorious day in the history of the Canadian Justice System. On November 4th 2014, the most controversial prostitution bill “Protection of Community and Endangered Persons Act”, also known as C-36 was passed in the Supreme Court of Canada. According to this law, the ‘sale of sex’ has to be regarded as a legal act. However, the law did not include several other aspects of the prostitution trade. The sale of sexual services between the prostitutes and pimps is still to be categorized as an illegal act. The new law passed by Canada’s legislation is inspired by the “Nordic Model” of prostitution that was initially adopted in 1999 by Sweden. The Nordic Model of Prostitution states that prostitution is not prohibited, but paying for sex is. This model aspires to remove the deep-rooted problem of prostitution from the system, without actually subjecting and targeting the prostitutes, who are themselves often the victims of sex-trafficking. This Paper will argue that despite the fact that C-36 was a smart move taken by the government of Canada in response to SCC’s Criticism, this law might not be the most appropriate approach towards eliminating sex trade off the streets.
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
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.
Prostitution and human trafficking are taking place all over the world despite the legal restrictions put upon them. According to Ronald Weitzer, “The sex industry refers to the workers, managers, owners, agencies, clubs, trade associations, and marketing involved in sexual commerce, both legal and illegal varieties” (1). There are many questions that arise when discussing the sex industry. Should prostitution be legalized? If it were to be legalized, would anything change? Is prostitution morally acceptable? What is being done to stop human trafficking? There is not one correct answer for any these questions, but each question can be analyzed by scholars who have different opinions on the issue. Prostitution should be legal while
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.