What do you think is the right prostitution laws for Canada?

There has been plenty of news coverage about prostitution laws in Canada especially with conservative MP, Joy Smith recommending the adoptation of some part of Swedish model which buying sex is illegal and punishable harshly up to six months in jail while selling sex is legal and the recent Ontario's Superior Court of Justice ruling that the Criminal Code provisions relating to prostitution in Canada contribute to the danger faced by sex-trade workers and therefore throwning out key provisions of Canada's anti-prostitution laws. I am curious to know what you as a private citizen and as a likely service provider or hobbyist think the correct prostitution law for Canada should be?.

I realize that this is a hot topic. Please note that this is a debate and exchange of (relative) views and educational and there may be no absolute right or wrong on this subject.

I start the debate by expressing my views as a private citizen:

In my view both the Swedish model of prostitution law (recently spread to Norway and Iceland) and the liberal German/Dutch prostitution laws (also implemented recently in Australia and New Zealand) are unworkable and not proper for Canada.

I believe while governments must combat the dark aspects of prostitution more vigorously and must put aside sufficient funding and law enforcement resources to fight off forced prostitution, underage prostitution, pimping and human trafficking as well as legislating harsh punishments for human sex traffickers especially those pimping and forcing the underage as well as those clients who knowingly hire the underage or forced prostitutes, however, the voluntary prostitution between consenting adults should be legalized and regulated. I am not sure what would be best policy for solicitation (and prostitution) in public view (causing public nuissance) as whether it should also be made legal or remain illegal. Likely designated areas away from public view should be assigned for the street sex workers to work in a safe environment..

I do not believe that living off the avails of prostitution by pimps should ever be made legal, though service providers should be able to legally hire bodyguards and drivers. I also believe that service providers should be allowed to work as independents if they choose to do so and keeping a common bawdy house by a single or a group of service providers should be made legal too.

Those who wish a change of profession must be supported socially and financially and special government sponsored programs must be introduced and put in place to assist those sex workers for their safe transition to a new profession. Sex workers must be able to report violent clients as well as pimps to law enforcement without the fear of being prosecuted. A media campaign must commence to educate the public about sex workers and remove the stigma associated with sex workers and their profession in our society.

The fact remains that though likely most street sex workers are forced into prostitution (by their pimps or needs like drug addictions,?) however, I believe there are also many other sex workers (mostly using internet and review boards) who voluntarily have chosen the profession and who are working in a clean safe environment and enjoying their work too and the law must separate between the two. Bringing harsh punishments for both types of prostitution is unfair, illogical, undemocratic, counter-productive and totally unacceptable in progressive societies such as Canada. I believe that the former group must be assisted by the government to make a transition to a better life while their pimps punished and the latter group of service providers should be able to work in a safe environment legally and under the LE protection like any other tax paying citizen.

... I do not believe that living off the avail of prostitution by pimps should ever be made legal, though service providers should be able to legally hire bodyguards and drivers...

Yes, "by pimps" is of course the key to this phrase. There are plenty of laws besides "living on the avails" with which to prosecute true pimps: http://www.cerb.ca/vbulletin/showthread.php?p=165748#post165748

Sex Workers must be free to use their earnings to support members of their family, significant others, or anyone else of their free and uncoerced choosing, without criminalizing those they love and support -- and who in turn love and support them in a non-exploitative manner. Just like any other worker, and human being, can do so.

Rather than considering the issue in isolation, I think it might be useful to study the experience of other countries or regions where some form of legalized prostitution already exists - the Netherlands, Nevada, Denmark, France, Mexico, England, Wales, etc. What has been the experience with legalized prostitution in these regions of the world? Are there any models which have been particularly successful and which could easily be applied here? Or are we already well ahead of the rest of the world in this area?

Excellent post by the Mod and also a very good point by WIT. I agree completely WIT that sex workers should be able to support their loved ones and it never crossed my mind that living off the avails of prostitution can be extended to supporting family members from earned income and I don't think anyone has been prosecuted or even charged under this category so far but you are right, any prostitution law should extend to protect family members from prosecution.

It is important that we also address other issues associated with prostitution. Governments must step in and support those sex workers who want out or with addictions with financial support, loans or temporary housing and health clinics to out the addictions to pave the way for a smooth transition to another profession. Public should be educated about sex trade and sex workers and the existing social stigma attached to profession must go away over time.

The LE needs more funding, extended authorities and more resources and tougher laws to genuinely and effectively combat what I call the dark aspects of prostitution like human trafficking, forced prostitution, pimping, underage prostitution.

The one question that I still do not have a clear answer and has not been clearly commented upon so far (as I posed in my original post) is how to deal with street level prostitution which is causing public nuisssance (harassment of mothers, sisters, daugters by clients in the neighbourhood, traffic jams, scenes being viewed by children .....)??. We have to find a compromise between the right to work for sex workers and the public safety or concerns. I have been thinking about the subject since my original post and I believe while voluntary prostitution in private between consenting adults should be legalized, however, it would be best that solicitation or prostitution in a public view should remain illegal but designated areas (away from public view) should be assigned for street sex workers to work safely and under LE protection.

The short answer is that the best law about prostitution is no law at all.

While Canada's approach has been arguably better than the US, the hypocrisy of making communicating for the purposes of prostitution illegal has at least come out for discussion, and I for one am hoping it gets to the SCC where it should be exposed as the fundamental assault on our liberty it is.

Mod, I wanted leave a comment on your post but " I have to spread some reputation around first."

I really liked your post and I am sure that it will provide valuable information to the government officials that are on CERB.

It is time for Winds of Change regarding prostitution in Canada.

Mod said it very well. Issues like solicitation, public nuisance etc are all best dealt with at the municipal level.

The only motivation for a Federal law restricting or prohibiting comes from the desire of the extreme elements of the right and left to impose their moral value system upon everyone else.

All the violence, exploitation, criminal activity etc that is associated with prostitution is there because it is a prohibited activity. Just like our failed drug policy and the earlier failed attempt to prohibit the sale of alchohol.

I have little faith though that anything good will come out of this, its too bad the law was challenged because I think the end result will more than likely be a step backward.

I too think Canada would take a step backward if the SCC uphold the recent Ontario court's judgement.

The moralistic right and puritical left find common cause and are a potent force. I think they're unenlightened and can really threaten the charter rights and freedoms granted to all Canadians.

I have little faith though that anything good will come out of this, its too bad the law was challenged because I think the end result will more than likely be a step backward.

I very much share your concerns but more likely only a majority conservative government can impose backward laws and their moral standards upon our nation and undermine citiizens' rights protected under the charter of rights. There are many elements of religious right and former reform party ultra right elements within the new conservative party and I believe that the nation is smarter than that not to realize their hidden agenda and will again deprive them to form a majority and hopefully and preferably this time they will be voted out.

Since this is a legal business I would suggest that we do as they do in other industries and allow the ladies propose the standards and regulations. I think it needs to be discrete and safe for all. With that in mind I think the ladies in this industry could do alot better than doctors, lawyers, accountants and investment advisors who also self regulate.

again you can not just operate a business on the side of the street anywhere you want. hot dog carts, street vendors and even taxi cabs have special municipal licensees for this. even with these licenses people break these bylaws all the time in every business..... zoning wood be implemented for brothels and street walkers if they decriminalize it and individual licensees for street walkers and brothel workers would also be issued. the cities and government will cash in, zone "red light" areas and force restrictive operating rules on the industry so just like all other municipal license bylaws.... they will be broken so enforcement will increase.

does anyone really want to pick up a streetwalker knowing what we all know? putting money into a pimps hand most likely? if the lady was willingly doing that with no drug habit or pimp wool that same lady not work in a brothel instead off the street for much more money?

let's face it... when you have a serious chemical drug habit you can't exactly work in a regular job. your employer is not going to tolerate it and most jobs do not pay enough to support such a addiction. you have really two options in most cases. option one is to steal money for drugs.... option two is a cash job where it's quick money and works around your drug habit. well the only real choice is streetwalking or drug dealing yourself.

any legit escort agency does not want drugged out girls working and a licensed brothel sure would not want that either.

Affordable in call licenses for places that do not allow walk in appointments when one or two ladies (max) work out of should be made affordable (bylaw) and not zoned to specific city location.

places with three or more escorts would be considered a brothel and require zoning. industrial areas would be best and walk in appointments could happen... like the famous red light districts.

streetwalking is a public nuisance and it gives the entire sex work industry a bad stereotype. everyone here should want streetwalking to stop as it makes all the legitimate drug and pimp free ladies look bad. sure lets say 10% of streetwalkers are not drug addicts and probably 50% are not associated with pimps but that other 90% and 50% need help as the drugs and pimps are a downward spiral..... I am sure the legit 10% would move in to a safer cleaner brothel environment making it much easier for the law to help clean up the drug addicts and pimps. when a non addicted sex worker is found working on the street the police could suggest the brothel as a safe alternative and the drug addicts should be put into mandatory detox and rehab. tough love!

but more likely only a majority conservative government can impose backward laws and their moral standards upon our nation

I hope you're right SA, however there are also many on the left who simply refuse to believe that any Sex Workers participates in this industry by choice. To them every sex worker is a victim, every John a vile exploitive creep.

Here is a copied a pasted article from the Ottawa Citizen dated October 1st 2010, I found the article very interesting and thought I would post.

I agree that there need to be standards however I have more faith in the reputable sps than I do government who will be looking to take money out of the ladies pockets in the form of sin taxes. I think that the standards should come from the business owners in cooperation with the municipalities and the provinces and Feds need to stay out if it

.... I think also someone mentioned about the living off the avails applies to family members. ... the entire issue could easily be taken on as a charter issue too, which would be a good step for a different province.

212(1)(j), living "wholly or in part on the avails of prostitution of another person", was one of the provisions ruled unconstitutional in the Ontario case.

I had a few points, but don't want to quote everyone. For the OP, tho, I ask "why not" for New Zealand's approach. .

Thanks for your comments.

The New Zealand approach is too liberal to my taste and that was why I did not favor that in my OP. My knowledge as fas as NZ prostitution laws is concerned is limited to what I have read on the internet and it says that pimping is permitted under that model and as I have indicated in my OP, I do not agree with that. Neither do I agree with street level prostitution which is mostly forced prostitution (by pimps or need to finance drug addiction). So in my view only private voluntary prostitution between consenting adults should be legalized but pimping must remain illegal.

This is a great link which describes prostitution laws in many countries, including New Zealand, if you are interested.

http://prostitution.procon.org/view.resource.php?resourceID=000772

... NZ had legal prostitution confined by laws that were almost exactly the same as the ones in Canada, recently overturned ... I cannot think of any reason why what they have accomplished could not be applied to Canada... It is not all flowers and sunshine, I am sure, but respecting the worker's right to decide where they want to work, and how they want to work is important...

I agree that New Zealand's "Prostitution Reform Act 2003" is a great starting point for Canadian legislators. (http://www.legislation.govt.nz/act/public/2003/0028/latest/whole.html#dlm197815)

In New Zealand:

Occupational Health and Safety Provisions:

The Act provides for mandatory condom use (fine: $10,000) and other safe sex practices. Medical Health Officers may enter and inspect brothels at any time to ensure safe sex practices are being used (but they require a warrant to enter a home -- they must have reasonable grounds to believe Sex Work is being carried out in the home). Fine for hindering an inspector: NZ$2000. The Act declares that standard workplace health and safety rules apply to Sex Workers. Sex Workers may enter into Trade Unions and Employment Contracts.

Zoning and Nuisance Provisions:

The Act defines where advertising may be done (not on TV or radio; classified ads only in print media). Territories are given district authority for regulating public signage if it represents a nuisance. Territories are given district authority for regulating location of brothels, but brothels cannot be banned outright. (Some attempts at overly-strict zoning restrictions have been struck down in court.)

Anti-Pimping:

The Act provides that "explicit or implied threat or promise", given in the context of a position of authority or relationship (i.e., by a pimp), may not be used to induce or compel another person to provide commercial sexual services, or to induce or compel the surrender of the avails thereof. Prohibited threats include but are not limited to: the threat to carry out against the person any offense otherwise punishable by imprisonment; supplying or withholding controlled drugs to the person; or attempting to damage the reputation of the person or report the person to the authorities for an offense, including an immigration offence. Penalty: imprisonment for up to 14 years.

Further Protection of Sex Workers:

The Act provides for the right of a Sex Worker to refuse to provide commercial sexual services at any time, if the consideration given is refunded. No person is compelled to be a Sex Worker: Sex Work may be refused without compromising social benefits (employment insurance, etc). Sex Workers who choose to leave the prostitution business are entitled to immediate benefits, without the usual waiting period.

The Clean Slate Act provides that Sex Workers with convictions under the old prostitution laws can apply for the old convictions to be removed from their criminal record -- if the offenses are no longer against the current law.

International trafficking:

Non-citizens of the country are not permitted to be Sex Workers, or own or invest in a brothel.

Underage prostitution:

The Act prohibits the purchase of sex from persons under the age of 18. Penalty: up to 7 years in prison.

Brothel Ownership:

Up to 4 independant Sex Workers can work together without registration or licensing requirements.

Operator Certificates (i.e., licenses) are required for brothels with more than 4 sex workers, or for any smaller brothel where any worker works for someone other than themselves. Persons with criminal records (not including convictions under the old prostitution laws) are prohibited from obtaining an Operator Certificate. Penalty for operating without a license: up to NZ$10,000.

Street Prostitution:

Soliciting is not a crime. The Summary Offences Act deals with harassment of the public or other offensive behaviour in public by Sex Workers. (Street prostitution remains a nuisance in New Zealand. Not unlike everywhere else on the planet.)

In addition to the Act, some references for the above are from: http://espu-ca.org/wp/wp-content/uploads/2008/02/new-zealand-prostitution-reform-act-2003-what-it-changed.pdf

The NZ model as described by WIT is acceptable and I believe should be studied by Canadian law makers however the one that I read in the attached link (in my post) about New Zealand prostitution laws is not acceptable to me. The one described by WIT and in his attached link can serve as a model for Canada. I very much prefer it to the backward dictatorial Swedish model which is based on inequality and harsh punishment and would turn our country into a police state.

This thread can be a great starting point for law makers to study and learn about various models, however, I don't believe the current govenment will even consider the NZ model so likely we have to wait for next election in the spring and the next parliament lol.

The NZ model...that I read in the attached link (in my post) about New Zealand prostitution laws is not acceptable to me...

Yes, procon's website does contain incorrect information about the legality of pimping in NZ, as can be seen by referring directly to Section 16 of the NZ "Prostitution Reform Act". Section 16 is titled "Inducing or compelling persons to provide commercial sexual services or earnings from prostitution", and specifies a penalty of " imprisonment for a term not exceeding 14 years".

Its important to note the history of the New Zealand law and how that differs from the Canadian experience.

Incall was essentially made legal in New Zealand in 1978 through a law governing massage parlours. Escorts were required to be registered with police and massage parlours were allowed to operate as brothels again so long as they were registered with police.

The current law was brought into effect in 2003 by a Labour Gov't (closer to NDP than Liberal) and was passed by a single vote.

Since that time opponents of the law have pressed for repeal and if the NZ right wing party ever obtains power the NZ law is all but certain to be overturned.

Its interesting to note that the UN Women's Committe has asked for the law to be repealed claiming it is contrary to equal rights for women.

Opponents to the law are in favour of the Swedish Model.

New Zeland's closest cultural neighbour is Australia another country with a similar "liberal" view of prostitution. Canada's is the USA which has one of the most conservative and prohibitionist views of prostitution.

I think its highly unlikely we will see the NZ model even proposed let alone made into law.

I really think this court challenge was a huge mistake.

Its important to note the history of the New Zealand law and how that differs from the Canadian experience.

 

Incall was essentially made legal in New Zealand in 1978 through a law governing massage parlours. Escorts were required to be registered with police and massage parlours were allowed to operate as brothels again so long as they were registered with police.

 

The current law was brought into effect in 2003 by a Labour Gov't (closer to NDP than Liberal) and was passed by a single vote.

 

Since that time opponents of the law have pressed for repeal and if the NZ right wing party ever obtains power the NZ law is all but certain to be overturned.

 

Its interesting to note that the UN Women's Committe has asked for the law to be repealed claiming it is contrary to equal rights for women.

 

Opponents to the law are in favour of the Swedish Model.

 

New Zeland's closest cultural neighbour is Australia another country with a similar "liberal" view of prostitution. Canada's is the USA which has one of the most conservative and prohibitionist views of prostitution.

 

I think its highly unlikely we will see the NZ model even proposed let alone made into law.

Very good history lesson and debate and reasoning Scott.

I really think this court challenge was a huge mistake.

Yes I am beginning to see that too. It may have opened up a big can of worms which may have given the opportunity to the extreme elements on the right and left and religious zealots to form an alliance and make life a hell for everyone by imposing a Swedish model of prostitution laws in Canada.