Why I Support Canada’s Proposed New Law on Prostitution

BarristerOn Tuesday I will make submissions to the House of Commons Justice Committee on Canada’s new prostitution laws, which passed second reading several weeks ago, and will surely become the law of the land, perhaps with some amendments.

As many of you know, I was counsel for the Evangelical Fellowship of Canada in Attorney General v. Bedford and one of the few voices in the Supreme Court of Canada that urged that prostitution not be legalized.

Of course, we all know that the law criminalizing activities related to prostitution was deemed unconstitutional by the Supreme Court of Canada last December, thus opening the door for our federal government to create new law, taking into account the necessity for it to pass constitutional muster.

The new law does just that. It decriminalizes prostitution for the women and girls that trade in sexual services, but makes it illegal to purchase sex in Canada, thus targeting customers (johns) and those who seek to exploit (pimps) the mostly female, often aboriginal victims of the sex trade. It permits the selling of sexual services so long as it is not conducted in the vicinity of children 18 or under. It also forbids the advertisement of sexual services.

The basis of my objections to the legalization of prostitution is founded on one of Canada’s underlying principles, that respect for the human dignity of each person is foundational to our society, a dignity whose inherent value was confirmed by our highest court in the Rodriguez case (euthanasia) and finds expression in the 1949 United Nations Protocol on the trafficking of humans, a convention signed by Canada which provides:

“Prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of a person and endanger the welfare of the individual, the family and the community.”

The view that prostitution subordinates and victimizes women and girls is not particularly popular, but I have seen it first hand when I lived on Granville Street in the early 1970’s and in Vancouver’s west end in the 80’s. The image of a “happy hooker” is a Madison Avenue gimmick that has no basis in reality.

When my husband, Doug, ran the Vancouver Vice Squad, I saw again the squalor and exploitation of young, addicted woman, both tragic and poignant.

To those who say that legalization is the only answer, one only has to look at those countries who have based their social policy on sex work as a legitimate job with benefits paid and tax collected.

Perhaps the best example that the harms inherent in prostitution are not alleviated by legalization is the State of Victoria in Australia where prostitution was legalized in the 1990’s.

It was said that legalizing sex work would assist in eradicating the criminal element, guard against unregulated expansion, and combat violence against prostitutes.

How wrong they were…violence was not eliminated, street prostitution was not curtailed as they naively expected, working conditions were no safer than before, prostitution escalated and turning sex work into a legitimate business opportunity for women and girls did not dignify or professionalize prostitutes.

Instead there occurred massive expansion, particularly in the illegal sector with unlicensed brothels. Women were not empowered to become self- sufficient entrepreneurs, as they could not compete with the businessmen who took over the brothel business. Street prostitution was not eliminated as street workers had a host of social problems including addictions, mental illness, and an inability to be hired by legal brothels because of their lifestyles.

Canada’s new prostitution bill addresses many of the safety concerns identified by the Supreme Court of Canada, but more than that, the tenor of the law does not accede to the notion that prostitution is acceptable and legitimate in a free and democratic society.

In my view, prostitution not only harms the women and girls involved but also undermines the social fabric of Canada. It is too easy not to try to provide a way out for our mothers, sisters and aunts who are trapped in this degrading practice. It is a basic issue of human rights.

Lawdiva aka Georgialee Lang

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7 thoughts on “Why I Support Canada’s Proposed New Law on Prostitution

  1. Questions and observations:

    Doesn’t sound like the new law provides enough tools to law enforcement to universally deal with the issue. Is that the best that can be done within the context of Canadian law?

    Why are women turning to prostitution instead of taking other jobs?

    Answer: First world countries have priced their citizens out of the global labour market through regulation including mandatory benefits, collective bargaining (unions) while allowing trade with predatory countries like China who steal trade secrets, ignore human rights, etc. This has caused significant structural (long-term) unemployment which is being ignored by governments. For example, here’s a realistic approximation of the U.S. unemployment rate: http://www.shadowstats.com/alternate_data/unemployment-charts Blue line = Reality. I’m sure Canada’s real unemployment rate isn’t too far off of the US’.

    What are women’s alternatives to prostitution? Welfare? Can’t they do both?

    I think this an instance where legislating isn’t going to improve women’s standards of living, dignity or self-woirth rather, it’s only attempting to put a bandaid on the symptom of a problem created by decades of killing off employment through legislation. That’s the fundamental problem and until it’s addressed men and women are going to continue to engage in vice to attempt improve their living standards.

    The marriage alternative.

    In days of yore, marriage provided some women a cushion against having to turn to vice or welfare to sustain themselves. Over the last forty or so years, marriage rates in developed countries have declined and divorce rates increased. It’s a given that women staying in an abusive relationship is untenable. That said, have spousal abuse rates tracked divorce rates? Or are most divorces due to irreconcilable differences i.e., let’s divide our estate and children and give a large percentage of the former to an attorney so we can both live in misery, apart? — That’s a helluva incentive to get hitched and have children! Hmmm. So why are birth and marriage rates declining in developed countries?

    Public policymakers were elected to legislate jobs and marriage into oblivion. The result was predictable. Reversing course will take at least a generation once the problem is broadly recognized.

  2. If women need to turn to prostitution to support themselves then it means that our society has failed to provide them with reasonable alternatives. Education needs to begin in schools for females to make choices that empower them to have careers and be leaders in the workforce.Others who are born into a life of poverty and drugs need to have the social supports to escape the prison they were born into.
    Prostitution is just another name for slavery- traffic in human commerce is something that needs to be eradicated in our enlightened society and in this century. It should be a public shame that we have any prostitution at all in this country that is so rich with opportunities that everyone wants to come here.

  3. You are brilliant, wish we could have had more discussions when I was there,,,,,,,,Love and admiration from Petra

    _____

  4. Reblogged this on anagrammatt2 and commented:
    Again I do not follow the Bible entirely…!
    WHY CAN PARLIAMENT HAVE THIS RELIGION AND SWEAR ON THE BIBLE ? IN FLAGRANT LEGAL CONTRADICTION !
    This is not a commandment/law:
    Exodus 20: The Ten Commandments
    14 “You shall not commit adultery.

    Of course correctly defined this is only effective as law if denounced…!
    How does your partner know you adultered or fornicated?

    _______________________________

    You cannot stop sex/love even in an ideal World of no needs for anybody! Mind you the Queen E2 has all needs over-supplied…!

    To regulate it and decriminalize it as best as possible, is good for the needy women, and over active sexually men…!

    AS TO MARIHUANA…! YOU GIVE THE BEST FOR FREE FROM THE GOVERNMENT AS METHADONE…! YOU RUIN THE BUSINESS…!

    And Government please give all your “citizens” “WORK”…!

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