Countdown to a New Prostitution Law
In June, Justice Minister Peter McKay tabled legislation that would make the purchase of sexual services illegal. Bill C-36, the Protection of Communities and Exploited Persons Act, made it through Second Reading. In a marathon sitting of four days in July, the Justice and Human Rights Parliamentary Committee heard and questioned 60 witnesses, including CEASE. The government made two amendments and some technical improvements.
CEASE and others advocated that there be a five year review to see what is working and what is not. This was adopted. The second amendment was to narrow the places where vulnerable persons could be arrested. Rather than any place where children might be present, that is now limited to schools, playgrounds and daycares. The stated goal is to protect children from men cruising and pimps hanging around. The high majority of witnesses said there should be no criminal charges against vulnerable persons and that there should be other strategies to protect children and communities, such as increased police presence.
When Parliament resumes in mid-September, the Bill will be presented for Third Reading and then passed to the Senate for review. Approval by both the Parliament and the Senate sets the stage for Royal Assent. Bill C-36 could become law by December 2014, meeting the one year deadline set by the Supreme Court of Canada.
Bill C-36 is being called a paradigm shift, and it will be. For the past 500 years as a colony and a country, the weight and shame of “prostitution” has been borne by the provider, primarily women. It wasn’t until 1985 that the law recognized the role of the buyer at all and created the communication charge, although it applied to both parties. Bill C-36 shifts the accountability for harm to the shoulders of the buyers. In this anonymous buyers club are men who rape, degrade, and murder, as well as exploiting the vulnerabilities of children and adults who sell their bodies. It’s not a benign commercial transaction.
Bill C-36 seeks to deter those who profit from the exploitation of another person. It exempts persons who sell sex services of their own free will. It’s complex legislation, but, the goal is to criminalize the abuse of power and protect vulnerable persons of all ages.
It’s an ambitious plan to shift attitudes, challenge stereotypes, increase services for vulnerable children and adults, and increase community safety.
Kate Quinn is the Executive Director of CEASE.




