Sunday, February 5, 2023
No Result
View All Result
  • Media
Support Us
Macdonald-Laurier Institute
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media
No Result
View All Result
Macdonald-Laurier Institute

Perrin in the Post: Canada taking right approach with new prostitution law

June 10, 2014
in Columns, Domestic Policy Program, In the Media, Justice, Latest News
Reading Time: 4 mins read
A A

Writing in the National Post, MLI Senior Fellow Benjamin Perrin lauds the federal government for taking the right approach with its new prostitution law. He says the general thrust of the newly-proposed law, which places heavy penalties on johns, pimps and traffickers, will help achieve what should be the government’s goal: getting prostitutes into another line of work. Now, says Perrin, it’s up to the provinces and territories to work with the federal government on a national strategy for helping prostitutes move in that direction.

By Benjamin Perrin, June 9, 2014

Canada’s proposed approach to addressing prostitution is the right one. With some amendments and concerted action from all levels of government, police, and frontline organizations, it could help prostitutes exit and prevail in the face of an anticipated constitutional challenge.

The reality of prostitution in Canada is shocking and it’s not the bill of goods being sold by the pro-prostitution lobby on TV. Most prostitutes are women and teenage girls who entered prostitution between 14 and 20 years of age — most were sexually exploited as children. Street-level prostitutes are disproportionately aboriginal females, many tragically suffering from substance abuse. Our laws and policies must work to help them leave the misery, abuse and violence that are inherent in prostitution.

The Protection of Communities and Exploited Persons Act (Bill C-36) does something that Canada has never tried before. It recognizes for the first time in law that prostitution is inherently exploitative, denouncing prostitution as the commodification and objectification of people, especially women. Bill C-36 wants to encourage exit from prostitution while protecting communities. These are precisely the right goals. How well are they pursued?

To start with, Bill C-36 puts the responsibility for the harms of prostitution where it should be. Johns will face mandatory fines and possible imprisonment. They drive demand for prostitution. We must hope the courts consider jail time in cases where there are aggravating factors and for serial offenders. Police enforcement against johns is critical in providing for deterrence and effectiveness of the law. Police should name convicted johns, as they do generally with other offenders.

Pimps, traffickers and those who financially gain from prostitution (with some reasonable exceptions) will face serious penalties, as they should as exploiters and illicit profiteers. Restricting advertising of prostitution (with an exception for prostitutes themselves) is also a necessary part of Bill C-36 if we’re serious about reducing prostitution. So far, so good.

Where Bill C-36 gets into some potential difficulties is how it chooses to address prostitutes themselves. The government is not content to have the law leave them alone entirely, as I argue that it generally should because most are exploited. For example, Bill C-36 should repeal the existing offence in section 213(1) of the Criminal Code that seeks to punish street prostitutes for stopping traffic or impeding pedestrians, because it is very likely unconstitutional in light of the Bedford decision. The continuation of this offence on the books risks needlessly undermining Bill C-36.

However, I agree with the proposed offence in section 213(1.1) that prostitutes not be allowed to offer sex where kids could reasonably be expected to be present. This is an eminently reasonable restriction, even at night. We can’t have kids playing around used condoms. This will be for the courts to interpret. The government should, however, consider clarifying its definition of where kids could be to avoid a potential vagueness challenge. Also, the proposed penalty should be lowered for prostitutes (but not johns) to the lowest possible. Unless prostitutes can trust the police not to bother them (other than in obvious venues like on school grounds), they’re unlikely to report violence and seek help.

What about the constitutionality of Bill C-36? Formally, it responds to the Supreme Court of Canada decision in Bedford by repealing the three provisions that were struck down and are set to expire in December 2014. But how would the new laws likely fare?

To start with, the constitutional ground would shift considerably with the new and more compelling legislative purposes in Bill C-36. In pursuing these aims, targeting sex act purchasers should not be unconstitutional. Speculation that such laws would drive prostitution underground was found by a judicial inquiry in Sweden not to have materialized in a 10-year study after that country adopted such an approach.

With respect to prostitutes, adopting the amendments proposed above would not only strengthen the government’s future constitutional case, but would also prevent its objectives from being dismissed as disingenuous or inadequately connected to its chosen tactics — findings that would be constitutionally fatal.

Bill C-36 is to be applauded for recognizing that prostitution is exploitation — not a job that you’d recommend to your mother, wife, girlfriend, sister, or daughter. But for this new policy to work and comply with the Charter, implementation is critical. It’s promising that Justice Minister Peter MacKay has announced $20-million to support exit programs, but more is needed to confront this complex issue. The provinces and territories need to do their part financially and work with Ottawa on a comprehensive strategy to promote exit from prostitution and prevention. Police will need training and to devote resources to enforce the new law against johns, pimps and traffickers. Without this, the legal reforms will be for naught.

Benjamin Perrin is a law professor at the University of British Columbia and senior fellow at the Macdonald-Laurier Institute for Public Policy. He is former special advisor, legal affairs and policy in the Office of the Prime Minister.

Previous Post

Crowley in Postmedia papers: Courage of D-Day provides lessons for today

Next Post

Leuprecht quoted in the Telegraph-Journal on police overtime costs

Related Posts

Stronger enforcement of the Competition Act is better than a dramatic overhaul
Commentary

Stronger enforcement of the Competition Act is better than a dramatic overhaul

February 2, 2023
Most Canadians think prisons should continue to house male and female prisoners separately
Releases

Most Canadians think prisons should continue to house male and female prisoners separately

February 2, 2023
Defending democracies from disinformation: A new imperative for Canada-Japan strategic cooperation
Past Events

Webinar panel video: Defending democracies from disinformation – A new imperative for Canada-Japan strategic cooperation

February 2, 2023
Next Post
Chinese Communist Party

Leuprecht quoted in the Telegraph-Journal on police overtime costs

Macdonald-Laurier Institute

323 Chapel Street, Suite #300
Ottawa, Ontario
K1N 7Z2 Canada

613.482.8327

info@macdonaldlaurier.ca
MLI directory

Follow us on

Newsletter Signup

First Name
Last Name
Email Address

Support Us

Support the Macdonald-Laurier Institute to help ensure that Canada is one of the best governed countries in the world. Click below to learn more or become a sponsor.

Support Us

Inside Policy Magazine

  • Current Issue
  • Back Issues
  • Advertising
  • Inside Policy Blog
  • Privacy Policy

© 2021 Macdonald-Laurier Institute. All Rights reserved.

No Result
View All Result
  • Home
  • About
    • Who We Are
    • Who Makes MLI Work
    • Tenth Anniversary
    • Jobs
  • Experts
    • Experts Directory
    • In Memoriam
  • Issues
    • Domestic Policy Program
      • Agriculture and Agri-Food
      • Canada’s Political Tradition
      • Economic policy
      • Energy
      • Health Care
      • Innovation
      • Justice
      • Social issues
      • Telecoms
    • Foreign Policy Program
      • Foreign Affairs
      • National Defence
      • National Security
    • Indigenous Affairs Program
  • Projects
    • COVID and after: A mandate for recovery
    • COVID Misery Index
      • Beyond Lockdown
    • Provincial COVID Misery Index
    • Centre for Advancing Canada’s Interests Abroad
      • Dragon at the Door
      • The Eavesdropping Dragon: Huawei
    • An Intellectual Property Strategy for Canada
    • Speak for Ourselves
    • Canada and the Indo-Pacific Initiative
    • DisInfoWatch.org
    • The Transatlantic Program
    • Indigenous Prosperity at a Crossroads
      • Aboriginal Canada and Natural Resources
    • Talkin’ in the Free World with Mariam Memarsadeghi
    • Past Projects
      • Justice Report Card
      • Munk Senior Fellows
      • A Mandate for Canada
      • Confederation Series
      • Fiscal Reform
      • The Canadian Century project
      • Fixing Canadian health care
      • Internal trade
      • From a mandate for change
      • Size of government in Canada
  • Events
    • Upcoming Events
    • Past Events
      • MLI Dinners
      • Great Canadian Debates
  • Latest News
  • Libraries
    • Inside Policy Magazine
      • Inside Policy Back Issues
      • Inside Policy Blog
    • Papers
    • Columns
    • Books
    • Commentary
    • Straight Talk
    • Video
    • Multimedia
    • Podcasts
    • Leading Economic Indicator
    • Labour Market Report
    • MLI in the Media

© 2021 Macdonald-Laurier Institute. All Rights reserved.

IDEAS CHANGE THE WORLD!Have the latest Canadian thought leadership delivered straight to your inbox.
First Name
Last Name
Email address

No thanks, I’m not interested.