The Need To Make Prostitution Legal In Canada
Canada has had several different perspectives on prostitution. Prostitution involves the practice of sexual services being provided for money. This can include streetwalkers as well as bar girls and prostitutes. Canada’s original prostitution laws, based on British law in 1979, were banned under vagrancy statutes (Chenier). Canada (Attorney-General) v. Bedford, a case from 2013, saw prostitution declared unconstitutional. As a result, Bill C-36 was introduced by the federal government, The Protection of Communities and Expired Persons Act. The “Nordic Model” is the approach that the federal government takes, which is called “end demand.” It focuses more on prosecuting those who buy sex than those who sell. This law states that to pay for sex means to prostitute, and to sexually exploit (Davies 2015). This act was intended to criminalize those who purchase sex to try to reduce the demand. Bill C-36 reforms are also aimed at those who generate the demand and profit from that demand. It’s legal to ask for sexual services in an area where there aren’t any minors. The issue of public order crimes, such as prostitution is debated often because the difference between bad and good behavior depends on whom you ask. Public order crimes can be harder to identify as victims because of their willingness. Public moral standards are largely determined by power, since people have different views about what is right or wrong. Researchers have found that the opinions of sexworkers are often ignored by policy makers, despite their insider knowledge. They are also directly affected and affected by any policies implemented. Currently, laws that are in place do not respond well to prostitution. The laws are a threat to the health and safety of prostitutes and ignores their experience. Prostitution needs to be regulated with safety precautions to protect sex workers’ health.
Bill C36 and current laws are not a good way to deal with prostitution because they present increased safety risks and concerns for prostitutes. Streetwalkers can be prostitutes or they can work indoors in massage parlours, houses, rap booths and escort services. Indoor prostitution is said to be less exploitative, with less violence, better control of working conditions, higher job satisfaction and self-esteem. Since these venues for indoor prostitution are illegal, the prostitutes will look to work outside, where they can avoid being caught. This leaves them more vulnerable to violence. The research shows that outdoor prostitutes are more likely to be raped and assaulted. A brothel, massage parlour, or other business can invest money in locks, cameras, and security staff to prevent clients from premeditating violence. These firms can help prostitutes improve their safety by providing them with the tools, knowledge and skills they need to do so. They can even screen clients before meeting them. In Canada, the focus of criminal enforcement is primarily street-level sex trading. Legal restrictions increase the risk that sexworkers will contract infectious diseases. Research has shown that street prostitutes have higher rates for gonorrhea.
In addition, the agnostic nature of their relationship with the police makes them more susceptible to safety issues (Benoit and al., 2017, 2017). Benoit’s research on prostitutes shows they feel alienated and unable to contact the police. Pitts’ 2016 study of sexworkers found that workers are unable to access support or protection in the event their safety becomes compromised. They fear arrest or discrimination. Decriminalizing prostitution could reduce violence because sex workers are more willing to report crimes and cooperate with the police.
Bill C36 fails to adequately address prostitution due to its inability to acknowledge the diversity of experiences that sex workers have and to take into account the socio-economic and racial factors for which they may be drawn to the trade (Galbally). Sex workers were viewed as an homogenous group who were oppressed by managers and buyers of sex, and in need to be rescued (Benoit et.al., 2017). The sex industry is a diverse and heterogeneous field (Chenier, 2018). Prostitution is considered to be the main source of income for prostitutes. Sex work has often been associated with poverty or economic hardships, and is particularly prevalent in human trafficking. “Survival” sex workers engage in prostitution for survival. They may also do it to pay their basic needs. Bill C36 criminalizes prostitution, thereby removing the source of income for prostitutes. Bill C-36’s ban on advertisements has also made it more difficult for selfemployed sexworkers. They are forced to go out and look in the street, where they often find men who are looking to hire sexworkers and are worried about being criminalized.
In lieu of implementing Bill C-36 which makes it illegal to purchase sexual services and for businesses or individuals to profit from the prostitution trade, we should adopt a regulatory approach that focuses on preventing coercion but does not interfere with voluntary exchange. I agree with a New Zealand law, the Prostitution Reform Act. This legalizes prostitution and has provisions to protect those who work in it from violence, exploitation, and coercion. This act aimed to improve the health and safety conditions of sexworkers and allow adults to work from home, in brothels or on the streets. Mossman’s study (2010), which interviewed informants regarding the New Zealand PRA, revealed that interviewees believed violence to have decreased in New Zealand (Bowen & Bowen, 2013). 70% of those interviewed in the study said that sexworkers were more likely now to ask for help when they needed it. The police’s role is to maintain safety and order in society. This is why it is so important to address prostitution. If prostitutes report crimes to the police more readily, they feel safer. This will help them maintain positive relationships with authorities. New Zealand was the first country to receive feedback from workers and individuals who experienced prostitution directly. Other countries, however, have relied on moral assumptions in constructing Bill C-36 or prostitution policies. This is problematic as stated earlier, since sexual deviance and moral standards are social constructs and power is an important factor when determining right and incorrect. It is crucial to take into account the views and opinions of sexworkers in order to create policy that will help determine whether the policy improves health and safety.
Another way to combat prostitution in Canada is by recognizing the differences between prostitution, sex-trafficking and other forms of prostitution. Prostitution and sex-trafficking are two different things. In the legalization argument, sex trade and prostitution can be conflated. The Canadian human trafficking law is completely different from the prostitution law. It changes from an agency situation to one that involves force, fraud, and coercion (Chenier, 2019). In the Bill C-36 debating, this confusion between domestic sex and human trafficking was reinforced by the idea that the sexworker had been forced to become a sexworker. As a result, criminal law is deemed the only solution that can be applied to victims of exploitation. It is better to consider the degree of voluntarism that the sexworker may have. This is a reminder of how Bill C36 ignores the experiences and feelings of the sex worker.
Last but not least, I do believe that prostitution should be regulated. As a way to regulate the prostitution industry, continue to have strict laws that prohibit those who sell or buy sexual services to minors. This will limit the commercial exploitation children. STI screening should also have a regulatory framework. One study in Vancouver of female indoor sex workers found that 14% of the respondents had never received HIV testing or STI tests. Prostitutes will be healthier if they can get tested for STIs regularly without fear of being judged or criminalized.
Overall, Bill C-36 does not seem to be the best solution for prostitution. When it comes to public orders crimes, the power factor plays a huge role in defining what people consider right and wrong. According to the bill, sexworkers and prostitutes are homogenous groups. The bill suggests that sex workers are a homogenous group and victims of prostitution. There is evidence that shows the law can increase risks and safety issues for prostitutes. Because indoor venues like massage parlours or brothels aren’t legalized, sexworkers turn to the streets to find clients, which makes them more vulnerable. In addition, because indoor venues are better controlled, these legal restrictions put sexworkers at greater risk for contracting infectious diseases. This bill does not address male prostitution or transgender prostitutes. According to the Department of Justice website, prostitution is a way for men who purchase sexual services to gain access paid female bodies. This is a way of minimizing male and female prostitutes who are still affected by Bill C-36 and are required to follow it. Prostitution is a problem that should be addressed by preventing coercion, without compromising the voluntary exchange. It will also reinforce the idea that prostitution differs from human trafficking. In this case, the sexworker might have voluntarily participated. It is crucial that sexworkers are consulted in the development of a prostitution response. They will have the greatest insight and knowledge on how to maintain their health and security while working for a prostitute. For the best outcomes, a committee made up of different stakeholders from the sexwork industry is needed. They can then implement a policy that focuses on “best practices”. This will guarantee that sex-workers remain safe when performing their jobs.
