When Canada’s long-standing anti-prostitution laws were struck down by the Supreme Court, the ruling Conservative government began draughting a new law to replace those several sections of laws dealing with prostitution.
The new proposed Bill C-36 is called, “The Protection of Communities and Exploited Persons Act.”
John Lowman is recognized as one of Canada’s leading experts in this area of law. He is professor in the School of Criminology, Simon Fraser University in British Columbia.
ListenThe Supreme Court struck down Canada’s existing laws dealing with prostitution saying they contravened Canada’s Charter of Rights regarding safety of the person by forcing sex workers into dangerous conditions.
In striking down laws prohibiting brothels, living on the avails of prostitution and communicating in public with clients, the top court ruled last year that the laws were over-broad and “grossly disproportionate.”
“Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes,” wrote Chief Justice Beverley McLachlin in the 9-0 decision that noted “it is not a crime in Canada to sell sex for money.” The SCC then gave the government one year to come up with a new law that did not contravene the Charter of Rights and Freedoms.
However, many critics say the government’s proposed new law does nothing to change that, and may actually make conditions worse.
“We’re trying to fix complex social issues with a very ham-fisted approach “ (J Lowman)
Professor Lowman says the proposed law is based on the presumption that all prostitutes are victims, and fails to recognize that a substantial percentage of prostitutes are not forced into it, but do so by choice. Thus in addition to sexual slavery, exploitation, pimping etc, which he says is illegal and should definitely remain so, there are two other categories, which are not “forced” prostitution, but prostitution by choice.
These two categories are an a scale ranging on one end from “survival prostitution” due to a lack of options, to “opportunistic prostitution at the other end of the scale with those who freely and willingly chose the activity,
He says what the government is basing decisions on fabricated evidence, denying empirical research and, “trying to fix complex social issues with a very ham-fisted approach“.
He points out that it does not address some of the important underlying and associated causes, such as poverty, drug abuse, and pornography, and ignores again the reality that a certain percentage of sex workers have chosen this option of their own accord.
He also says the idea of preventing young teens from becoming involved in prostitution willingly or unwillingly, may in fact also backfire as “johns” (clients) may begin to seek out much younger prostitutes as they would not be police decoys trying to entrap them.
Although many have suggested the government should submit its legislation to the Supreme Court first, Justice Minister MacKay says they will not do that.
Professor Lowman says however that it is inevitable that is where it will end up after a couple more years of legal wrangling through the courts.
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