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 …show more content…
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 Sex work is a very controversial topic and many individuals are passionate about what they believe. Regardless of the moral arguments, beliefs and disbeliefs, every person in Canada owns the right to have their human rights as well as their health respected one hundred percent. The Courts of Canada have focused on the precise question of whether or not Canada's current laws abide by the Constitution and serve to protect the human rights of the persons engaging in sex work. Although prostitution is legal in Canada and it is legal to be a sex worker, it is difficult for them to actually engage in such activity without risking criminal charges that come after it and breaking the law. The Criminal Code seeks to make almost every activity linked to prostitution illegal and forbids prostitution in nearly every private, or even public place. Four sections listed in the Criminal Code covers activities in relation to prostitution. Section 210 outlaws
Prostitution is considered as a control of taking part in sexual exercises with somebody for cash. In Canada, it is lawful to offer sexual administrations yet it is considered as a wrongdoing to purchase sexual administrations from others. When we talk about prostitution it is important to consider that which type of women is engaging in sexual activities for money. It is considered that the more than half of the women doing sex work is due to the sexual abuse during their childhood. Some of them are resulted from homelessness. Child abuse is considered as the
From analysing my research, I disagree with the proposed amendments. According to Van der Meulen (2013) this bill is supposed to protect the sex workers, however, it is hypocritical in which it puts the sex workers at increase harm. This paradigm is associated with a paternalistic view that ignores the issues of consent and choice. I believe violence against women must never be tolerated whereas; the Bill C-36 fails to address the issues to protect women in the sex trade industry. Canada’s justice minister insists that once passed, the Conservative government’s new prostitution bill will mean safer conditions for sex workers, “the ultimate goal, however, is to end the sex trade in Canada altogether” (O’Malley, 2014). Along the same lines, Conservative Sen. Donald Plett said “of course don’t want to make life safe for prostitutes; we can’t 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
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.
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
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.
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.
The primary objective of legalizing prostitution is to reduce the rates of STIs among prostitution in Canada. The purpose of making prostitution a legal act is to help individuals involved in prostitution feel open about seeking help and raise awareness in the general population. Since prostitution occurs with or without it being legal, so legalizing it would not encourage people who were not originally part of the industry. Another primary objective of legalizing prostitution in Canada would be to help individuals with lower income and the homeless population. Since many individuals are only involved in prostitution and selling sex because of their financial circumstances, legalizing the act will help them earn their income and become financially stable without being afraid of
The 2013 case, Bedford v. Canada, started in the Superior Court of Ontario, when three current and former sex workers brought the case to the court as a violation of Section 7 of the Charter. In the court’s ruling the Justice declared that, “These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms.” (Like any other job?, 2014: 3). At the heart of this ruling was that these were limits on sex work imposed on sex workers that stopped them from actually doing the job, and since the job itself was never made illegal it was infringing on their civil liberties to add these addition laws that put them at risk for doing their job. The SCC agreed with this ruling.
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.
Prostitution has always been a topic of contention and controversy in Canada and other counties. Due to various perspectives on how prostitution should be addressed through law, the legal status of prostitution varies from country to country. Prostitution itself has always been legal in Canada, however many activities tied to it have been strategically criminalized by prostitution laws. Canadian prostitution laws have evolved from a once small set of provisions, to a much more complex set of laws that are used to criminalize various prostitution-related activities in an attempt to reduce demand for sexual services (McLaren 1986). The evolution of Canadian prostitution laws have been overseen by numerous governments and committees who have investigated internal and external factors of prostitution to better inform prostitution laws (e.g., the Criminal Code). Sections of Criminal Code used to criminalize prostitution-related activities are a point of speculation for governments, committees and interest groups who question whether current prostitution laws are doing enough to deter problems that stem from prostitution-related activities. It has been argued that the “social and legal framework pertaining to adult prostitution does not effectively prevent and address prostitution, nor does it prevent or address harms to communities”(Lowman 2011, 42). While prostitution remains to be legal activity in Canada,
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
Full criminalization of prostitution is an approach that makes anything to do with sex work illegal, so the person selling, the person buying, and any third parties involved could face consequences (Mac, 2016). Full Criminalization of sex work could put the sex workers at risk because they have to change their routine to avoid punishment. According to Vanwesenbeeck (2017), criminalization is not in line with human rights or public health; it is fighting sex instead of crime and not providing any beneficial solution. Full criminalization does not leave any room for compromise when it comes to the sex workers and criminal laws. In a way, it forces the sex workers to go underground. This approach is not conducive to their rights and safety. The criminalization of sex work is sometimes referred to as “water bed politics” that forces the sex workers to go in several different directions with an abundance of controls and regulations that only makes thing worse for the workers in the end (Vanwesenbeeck, I. 2017). A