Why Should Sex Work Be Legal in Canada

The exact number of people involved in sex work is not known, as it cannot be reliably collected. Estimates vary considerably and should be interpreted with caution. For many years, sex worker advocacy groups have been advocating for the complete decriminalization of sex work. UNAIDS, Amnesty International and the World Health Organization support the decriminalization of sex work. They recognize that decriminalization creates a safer working environment, helps protect workers` rights, improves their access to health services and reduces their vulnerability to HIV, violence, exploitation, stigma and discrimination. Anyone who works in this industry knows that this is a general melee and that no one will enforce anything. I expect we`ll probably see an increase in (prostitution), especially during the summer months, and that`s not what the community likes to see on their streets. [80] However, the Pivot Legal Society submits that many of the changes made by the federal government have been distorted. While the changes are supposed to ensure the safety of sex workers, they actually lead to “a complete criminalization of the sex industry that targets sex workers, clients and third parties.” This crime criminalizes the active participation in prostitution of others. For example, a pimp could be charged with both supply and material benefit offences. Because they participate in both the placement and management of sex workers and benefit from their sexual services, they are guilty of both crimes. The #PCEPA interferes with full and explicit conversations, especially at the early stage of the transaction, and forces early communication. All of this prevents sex workers from safely controlling a client, an important safety tool.

#decrimNOW In contrast, many groups organized and led by sex workers across the country continue to advocate for the complete decriminalization of sex work in Canada, arguing that the illegality of purchasing sex services harms sex workers. These organizations have often been at the forefront of challenging laws criminalizing aspects of sex work. Sex worker-led organizations advocating for decriminalization include Sex Professionals of Canada (SPOC), led by Valerie Scott and Amy Lebovith; Pace, Vancouver; peers (Victoria); Maggie`s (Toronto); Stella, Montreal. [ref. In the face of repression, sex workers have organized to fight for their rights, mainly since the 80s. The HIV/AIDS epidemic opened the door to harm reduction programs that helped fund the unionization of sex workers, shifting the conversation from a purely moralized perspective. [96] Many authors and organizations argue that sex is here to stay and cannot be extinguished. [97] [98] [96] Therefore, they propose to decriminalize sex work and create a legal system that supports the health and safety of sex workers. [98] [96] Sex work activities prohibited by law include operating, locating in, obtaining or obtaining premises (sexual service establishments or brothels) in such an establishment for these purposes, and organizing such services (advertising) in a public place, making prostitution difficult without breaking any law. Automobiles are considered public spaces if they can be seen. On the other hand, working as a self-employed sex worker and private communication for such purposes (telephone, Internet, e-mail, etc.) are legal. This ambivalence can be confusing,[13][14] leading one judge to call the laws “Alice in Wonderland”[15] and the Chief Justice of the Supreme Court to call the situation “bizarre”: this is unlikely to happen.

However, legal challenges are inevitable. Until then, sex workers should be better informed about what is legal and what is not. Sugar babies describe people who have made arrangements with rich or wealthy individuals to keep them company. This is a transactional dating agreement between two people. This is a grey area of sex work and is not generally considered prostitution. Sugar babies are not technically paid for sexual services, but receive gifts or money within the confines of a mutually agreed relationship. It is considered dating rather than a situation where sexual favors are paid. Child prostitution is illegal, but the community fears it is a growing problem. While many claims have been made about scope, expert reports conclude that such estimates cannot be reliable. For example, a 2002 report by the Justice Institute of British Columbia states: “Due to the illegal nature of commercial sexual exploitation, there is no way to accurately measure the number of children and youth who are sexually exploited for commercial purposes. Estimates of the number of children and youth sexually exploited for commercial purposes in Canada vary widely. [58] The debate comes from feminists, civil rights activists, politicians, and law enforcement officials.

The debates revolve around morality, constitutional rights and freedoms, and the fact that this is one of the few areas of consensual sexual activity still subject to legal review. [13] “We are unsure of licensing, legality if we live near schools but work inside, landlord-tenant regulations with the new law, advertising. The list is endless with the detailed questions that my group of colleagues and I have asked. “The rules and regulations are still unclear,” Cameron Diablo, a sex worker from Victoria, B.C., told the Victoria Times Colonist. Legalization is a process often applied to what are considered victimless crimes by those working towards legalization, an example of which is the use of illegal drugs (see Drug Legalization). Most child prostitutes do not work on the street, but behind closed doors: “You can`t leave children around the corner because they are immediately discovered. So what pimps and recruiters do is keep them off the streets,” said Vancouver`s Raven Bowen. [59] “But it`s a problem for everyone. Sex workers are everywhere and people everywhere have access to sex workers to get services, and it should be important if we have a group of people who are deprived of their human rights, it should be important for everyone,” Clamen added. Sex workers in this case, brought by the Canadian Alliance for Sex Work Law Reform (CAHLR), a coalition of 25 sex workers` rights organizations and others, argue that CEPA is also unconstitutional.

Current laws, passed by the Canadian Parliament in 2014, make it illegal to buy or advertise sexual services and illegal to live on the material benefits of sex work. The law formally issued criminal penalties for “purchasing sexual and communication services anywhere for that purpose.” [1] In December 2013, in Bedford v. Canada, the Supreme Court of Canada has ruled that criminal offences involving sex work are unconstitutional. In that decision, the court found that they had contributed to violence against sex workers and violated their human rights. However, in 2014, the federal government passed the Protection of Communities and Exploited Persons Act (CEPPA), which reversed this progress.