Prostitution in Canada

The appellants' argument then, more precisely stated, is that in criminalizing so many activities surrounding the act itself, Parliament has made prostitution de facto illegal if not de jure illegal., per Dickson CJ at page 44[16]The legal situation has also been challenged in the rulings of two courts in Ontario in Bedford v. Canada—the respondents/appellants are sex worker activists Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott—which described the laws as "ancient" and emphasised that the purpose of the laws was not to eradicate prostitution but to mitigate harms emanating from it: "We are satisfied that the challenged provisions are not aimed at eradicating prostitution, but only some of the consequences associated with it, such as disruption of neighbourhoods and the exploitation of vulnerable women by pimps."

"[18][19] In response, Peter MacKay, the Minister of Justice, introduced amending legislation, C-36,[20] the "Protection of Communities and Exploited Persons Act" on June 4, 2014,[21] which received first reading.

[22] Bill C-36, the Protection of Communities and Exploited Persons Act, introduced by Conservative Party leader Stephen Harper, received Royal Assent on November 6, 2014.

The Court held that, although the Criminal Code provision that prohibited communication for the purpose of engaging in prostitution was in violation of the right to freedom of expression, it could be justified under section 1 of the Charter and so it was upheld.

[30] In 2010, a decision of the Ontario Superior Court in Bedford v. Canada held that the key provisions of the Criminal Code dealing with prostitution (keeping a bawdy house, living off the avails; and soliciting or communicating for the purpose) were invalid, but a stay of effect was put in place.

The Supreme Court of Canada heard the case on June 13, 2013,[34] and unanimously overturned all restrictions on sex work, ruling that a ban on solicitation and brothels violated prostitutes' rights to safety.

[35] Meanwhile, a related challenge was mounted in British Columbia in 2007,[36] but did not proceed due to a procedural motion by the Attorney General of Canada seeking dismissal on the grounds of lack of standing by the litigants.

In some field studies, 62% of prostitutes in Vancouver, 50% in Toronto, and 69% in Montréal claimed that they worked for themselves, while the presence and influence of pimps was more extensive in the Maritimes and on the Prairies.

Drug use has been found to vary substantially by region and gender; it is highest in the Atlantic provinces, lowest in Québec, and appears to be a problem for men more than women.

[7] The STAR project showed that relocation to poorly-lit, underpopulated areas reduced unwelcome attention by police and residents but increased the likelihood of 'bad dates'.

Subsequent trials focused national attention on the safety of sex workers under the legislation at the time, which eventually led to court cases challenging the constitutionality of those laws.

[40] A 2006 ECPAT report states that, while Statistics Canada estimates that between 10 and 15 per cent of people involved in street prostitution are under 18, this figure is viewed by most child advocates as a gross underestimate.

The provinces then expressed concerns that convictions would be difficult to obtain because the Crown had to prove the belief of the accused as to the age of the young person, while the working group were unsure about the legislation's constitutionality.

[13] In Winnipeg, evidence was given at a 2008 inquest that hundreds of children, some as young as eight years old, are selling sex to adult men for money, drugs and even food and shelter.

[66] Ontario's child welfare legislation goes further than Alberta's by allowing the province to sue pimps and others who sexually exploit children for profit, in order to recover the costs of treatment and services required by their victims.

[13] Most child prostitutes do not work on the streets, but behind closed doors: "You can't have children standing on the corner because they will be spotted immediately.

They found that some children were preyed upon by pimps who may slowly gain their trust, befriend them and provide them with food, accommodation and clothes before hooking them on drugs and alcohol and forcing them into sexual service.

S. 7(4.1) extended its extraterritorial provisions to 11 sexual and sex-related offences against minors (but does not specify purchase of sex) and applies Canadian law to foreign jurisdictions.

[13] In 2009, Joy Smith introduced Bill C-268, An Act to amend the Criminal Code (minimum sentence for offences involving trafficking of persons under the age of eighteen years).

Bill C-268 received broad support from stakeholders concerned with human trafficking including law enforcement, victims’ services, First Nations representatives, and religious and secular non-governmental organizations.

On September 30, 2009, Bill C-268 received near unanimous support from Conservative, Liberal and NDP parties and was passed by the House of Commons, although opposed by the Bloc Québécois.

[13] While the outdoor scene is the most visible and the one most likely to lead to complaints, there is an opinion that actions against them merely move the problem around rather than solve it, and that what harms there are in prostitution derive from public attitudes and inconsistent laws.

The debates range over morality, constitutional rights and freedoms, and the fact that it is one of the few areas of consensual sexual activity that is still subject to legal control.

[72] In September 2012, following the decision by the Supreme Court of Canada to allow sex workers in British Columbia to proceed with a constitutional challenge to the laws, the Justice Minister repeated the government's opposition to any change in the status quo.

These debates tend to be highly emotive and controversial, examples of which occurred following the Supreme Court's 2013 decision regarding the unconstitutional nature of Canada's prostitution laws.

[82]Shortly following the decision of the Supreme Court, the police of at least 30 centres across Canada commenced a two-day investigation into human trafficking and sexual exploitation named Operation Northern Spotlight.

[83][84] According to the Global Network of Sex Work Projects (NSWP), 180 police personnel interviewed 333 women and identified 25 suspected human traffickers.

Police in York arrested and laid charges against a male individual and the names of two alleged human traffickers from Windsor were revealed as a result of the two-day blitz.

In the two regions, nine men were arrested and face 83 charges related to human trafficking, firearm offences, drug possession and child pornography.

[82] At the same time a number of movements arose either advocating the eradication of sex work as exploitation or for better protection of workers and decriminalization based on human rights.