Public Sex Laws Canada

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Public Sex Laws Canada
From Wikipedia, the free encyclopedia
Overview of the legality and practice of prostitution in Canada


^ Government of Canada, Department of Justice (March 11, 2015). "Questions and Answers - Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act" . www.justice.gc.ca .

^ Division, Government of Canada, Department of Justice, Research and Statistics (December 2014). "Technical Paper: Bill C-36, Protection of Communities and Exploited Persons Act" . www.justice.gc.ca .

^ "Canada Supreme Court strikes down prostitution laws" . BBC News . December 20, 2013.

^ Jump up to: a b c "Controversial prostitution law introduced on day of action on violence against women" . Toronto Star . December 3, 2014.

^ Jump up to: a b c "Report of the Subcommittee on Solicitation Laws. (2006). "The Challenge of Change: A Study of Canada's Criminal Prostitution Laws." 6th Report of the Standing Committee on Justice and Human Rights" . .parl.gc.ca . Retrieved October 22, 2010 .

^ "FAQ" . Sex Workers Alliance Ireland . Sex Workers Alliance Ireland. 2014. Archived from the original on January 18, 2014 . Retrieved January 4, 2014 .

^ Jump up to: a b c "The Law of Sex Work" . OWJN . July 2008. Archived from the original on July 27, 2011 . Retrieved June 10, 2018 .

^ 'To remedy the constitutional problem posed by s. 210, we strike the word "prostitution" from the definition of "common bawdy-house" in s. 197(1) as it applies to s. 210 at 326', subject to stay of effect for 12 months.

^ Modified to read "Everyone who lives wholly or in part on the avails of prostitution of another person in circumstances of exploitation is guilty of an indictable offence". Emphasis read in at 267.

^ Jump up to: a b c "Canada v. Bedford Ontario Court of Appeal March 26 2012" (PDF) .

^ "Feds launch '11th-hour' bid to keep Ontario pimping law in place. Globe and Mail April 25 2012" . The Globe and Mail .

^ "Legalized brothels ruling to be appealed to top court. CBC April 25 2012" .

^ Jump up to: a b c d e f g h i j k Robertson, James R. (September 19, 2003). "Prostitution" . Department of Justice . Retrieved October 22, 2010 .

^ The staggering incoherence of Canada's prostitution laws , Vancouver Sun , June 14, 2010.

^ R. v. Hrabchak [1999] M.J. No. 554. Devine J, at 7.

^ "Reference re ss. 193 and 195.1(1)(c) of the Criminal Code (Man.), [1990] 1 S.C.R. 1123" . Scc.lexum.umontreal.ca. May 31, 1990. Archived from the original on December 9, 2010 . Retrieved October 22, 2010 .

^ Attorney General of Canada et al. v. Terri Jean Bedford et al., 2012 CanLII 64742 (SCC), [1] retrieved on October 31, 2012.

^ Jump up to: a b "Supreme Court strikes down Canada's prostitution laws" . CBC News . December 20, 2013 . Retrieved December 21, 2013 .

^ Supreme Court of Canada (December 20, 2013). "CITATION: Canada (Attorney General) v. Bedford, 2013 SCC 72" . DocumentCloud . The Knight Foundation . Retrieved December 21, 2013 .

^ "LEGISinfo - House Government Bill C-36 (41-2)" . www.parl.gc.ca .

^ Canada, Service (August 31, 2016). "News - Canada.ca" . news.gc.ca .

^ "New prostitution bill criminalizes purchase of sex, limits where sex can be sold - National" . Globalnews.ca. June 4, 2014 . Retrieved September 11, 2015 .

^ Ling, Justin (September 6, 2018). "Governments have failed Canada's sex workers—and they're running out of patience" . Macleans.ca . Retrieved February 25, 2021 .

^ Jump up to: a b c Government of Canada, Department of Justice (March 11, 2015). "Fact Sheet - Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act" . www.justice.gc.ca . Retrieved February 24, 2021 .

^ Rotenberg, Cristine (2016). "Prostitution offences in Canada: Statistical Trends" (PDF) . Statistics Canada .

^ Laidlaw, Leon (2018). "Challenging Dominant Portrayals of the Trans Sex Worker: On Gender, Violence, and Protection". Manitoba Law Journal . 41 .

^ Watson, Lori (2019). "Philosophical Debates about Prostitution". Southern Journal of Philosophy : 165–193. doi : 10.1111/sjp.12320 . S2CID 197907484 .

^ Jump up to: a b Chu; Glass (2013). '.library.uvic.ca/HOL/Page?lname=&handle=hein.journals/alblr51&collection=&page=101&collection=journals "Sex work law reform in canada: Considering problems with the nordic model" . Alberta Law Review . 51 : 101–124. doi : 10.29173/alr59 – via Hein Online.

^ Centre, London Abused Women's. "Canadians are five times more likely to support than to oppose Canada's current prostitution legislation" . www.newswire.ca . Retrieved February 25, 2021 .

^ "Reference re ss. 193 and 195.1(1)(C) of the criminal code (Man.) - SCC Cases (Lexum)" . scc-csc.lexum.com . January 2001 . Retrieved November 26, 2018 .

^ MAKIN, KIRK (April 25, 2012). "Feds launch '11th-hour' bid to keep Ontario pimping law in place" – via The Globe and Mail.

^ "SCC to hear prostitution law appeal" . October 25, 2012.

^ The Canadian Press (October 25, 2012). "Supreme Court to hear prostitution law appeal; brothel ban stays for now" . Global News . Archived from the original on January 18, 2017 . Retrieved January 17, 2017 .

^ "Supreme Court of Canada - Scheduled Hearings" . Supreme Court of Canada. Archived from the original on January 15, 2013 . Retrieved May 13, 2013 .

^ "Canada lifts all restrictions on prostitution" . Aljazeera . December 21, 2013 . Retrieved January 4, 2014 .

^ "Charter Challenge Launched to Strike Down Prostitution Laws" . August 4, 2007.

^ Canada, Supreme Court of (January 1, 2001). "Supreme Court of Canada - SCC Case Information - Search" . decisions.scc-csc.ca .

^ "Shaver F. Traditional Data Distort Our View of Prostitution. International Conference on Prostitution and Other Sex Work September 27–29, 1996, UQAM, Montréal (QC)" . Walnet.org . Retrieved October 22, 2010 .

^ "Canadian Centre for Justice Statistics . Crime Statistics in Canada 2007. Statistics Canada 85-002-X, Vol. 28, no. 7, 2008" (PDF) . Retrieved October 22, 2010 .

^ Jump up to: a b c d Frances M. Shaver. "Prostitution" . The Canadian Encyclopedia.com . Retrieved October 22, 2010 .

^ Gallup Poll 1998, cited in Toronto Star March 9, 1992.

^ Davis J, Smith T. General Social Survey: Cumulative Codebook. Chicago. NORC.

^ "Married/living together, satisfied 97, very satis 81" (PDF) . ABC News . Retrieved October 22, 2010 .

^ "House of Commons Committees - JUST (39-1) - The Challenge of Change: A Study of Canada's Criminal Prostitution Laws - A. PROSTITUTION IN CANADA" . .parl.gc.ca . Retrieved October 6, 2010 .

^ "Exploring Prostitution in Vancouver. The Canadian 2007" . Agoracosmopolitan.com . Retrieved October 22, 2010 .

^ "Red Light, Green Light: Sex in Vancouver. BC Business October 2008" . Bcbusinessonline.ca. October 22, 2010 . Retrieved October 22, 2010 .

^ "Canadian prostitutes get training for the Olympics. Canada.com May 20, 2009" . Canada.com. Reuters. August 24, 2010. Archived from the original on December 6, 2010 . Retrieved October 22, 2010 .

^ "Sex workers defend buyers. Straight Times Nov 26 2009" . Straight.com. November 26, 2009 . Retrieved October 22, 2010 .

^ "Is Prostitution a Business in Vancouver? BC Business July 15, 2009" . Bcbusinessonline.ca. October 22, 2010 . Retrieved October 22, 2010 .

^ "Vice Unit. Vancouver Police Department" . Vancouver.ca. January 24, 2010 . Retrieved October 22, 2010 .

^ "Canadian laws on prostitution shown to increase violence against sex workers. BC Centre for Excellence in HIV/AIDS. UBC August 12, 2009" . Cfenet.ubc.ca. August 12, 2009 . Retrieved October 22, 2010 .

^ "Police not responsible for isolating prostitutes, inquiry told. CBC News October 20 2011" .

^ "Experts question anti-prostitution laws at Pickton inquiry. CTV News Oct 19 2011" . October 19, 2011.

^ "CityNews" . vancouver.citynews.ca .

^ Louise Dickson (May 30, 2012). "Pimp who sold girl, 15, for sex gets three years" . Times Colonist . Archived from the original on October 2, 2013 . Retrieved September 5, 2012 .

^ McInnes, Colin W.; Druyts, Eric; Harvard, Stephanie S.; Gilbert, Mark; Tyndall, Mark W.; Lima, Viviane D.; Wood, Evan; Montaner, Julio SG; Hogg, Robert S. (March 5, 2009). "Goodyear M. Unintended results of research. J Harm Reduction March 7, 2009" . Harm Reduction Journal . Harmreductionjournal.com. 6 (1): 5. doi : 10.1186/1477-7517-6-5 . PMC 2662822 . PMID 19265531 .

^ "Health officials seek answers to spike in Saskatchewan HIV cases" . CBC . March 24, 2009. Archived from the original on April 27, 2010.

^ "Commercial sexual exploitation : creative ideas for working with children and youth. New Westminster, B.C. : Social Services and Community Safety Division, Justice Institute of B.C., 2002" (PDF) . Archived from the original (PDF) on May 21, 2009.

^ Jump up to: a b "Child prostitution widespread: experts. CBC News Feb 28 2001" . Cbc.ca. February 28, 2001. Archived from the original on June 29, 2008 . Retrieved October 22, 2010 .

^ Jump up to: a b c "Marie D. Hay. Commercial sexual exploitation of children and youth" . BC Medical Journal Vol. 46, No. 3, page(s) 119-122 . April 2003 . Retrieved January 27, 2011 .

^ Jump up to: a b c d "Sexual Exploitation of Youth in British Columbia: Assistant Deputy Ministers' Committee on Prostitution and the Sexual Exploitation of Youth" (PDF) . Government of British Columbia. 2001 . Retrieved October 22, 2010 .

^ "Five girls in care have been selling sex on Craigslist, police say" . Canada.com . May 9, 2008. Archived from the original on January 26, 2009.

^ "MCINTYRE COLUMN - Hundreds of kids in sex trade; Testimony jolts inquest; police say hands tied" . Winnipeg Press . February 20, 2008. Archived from the original on January 15, 2010.

^ "ECPAT International: Beyond Borders—Ensuring Global Justice for Children. Facts and Figures Country Profile "Canada." (accessed February 17, 2004, inactive 2010)" . Ecpat.net. Archived from the original on July 20, 2011 . Retrieved February 25, 2011 .

^ "Global Monitoring Report on the status of action against commercial sexual exploitation of children: Canada" (PDF) . ECPAT . 2006. Archived from the original (PDF) on September 2, 2010.

^ "UNICEF: Children and Prostitution 1996" . Child-abuse.com. August 31, 1996. Archived from the original on September 22, 2010 . Retrieved October 22, 2010 .

^ "Harper defends prostitution laws" . Vancouver Sun - Canwest News Service . January 27, 2007. Archived from the original on November 5, 2009 . Retrieved October 2, 2008 .

^ "New Norway law bans buying of sex" . BBC News . January 1, 2009 . Retrieved October 2, 2008 .

^ Fréttir / A new law makes purchase of sex illegal in Iceland April 21, 2009 Jafnréttisstofa.

^ "FIRST. Feminists Advocating for Rights and Equality for Sex Workers" . Firstadvocates.org. August 10, 2010. Archived from the original on May 11, 2011 . Retrieved October 22, 2010 .

^ "Viagem de Luz – Sem Froteiras" . thecommons-ccd.com .

^ "Why anti-john laws don't work" . Toronto Star . October 19, 2011.

^ Moore, Dene (September 21, 2012). "Vancouver sex workers can proceed with prostitution law challenge: top court" – via The Globe and Mail.

^ Lowman, John; Louie, Christine (April 15, 2012). "Public Opinion on Prostitution Law Reform in Canada" . Canadian Journal of Criminology and Criminal Justice . 54 (2): 245–260. doi : 10.3138/cjccj.2011.E.34 . S2CID 145648975 – via Project MUSE.

^ "Canadians Examine What Is Immoral" . Angus Reid Global Monitor . June 15, 2006. Archived from the original on January 4, 2011 . Retrieved October 2, 2008 .

^ "Gender Shapes Views on Debate Over Prostitution in Canada" (PDF) . November 27, 2009. Archived from the original (PDF) on June 17, 2011 . Retrieved October 22, 2010 .

^ Two-thirds of Canadians support legal brothels, poll finds. Canada.com (Edmonton Journal, Vancouver Sun, Montreal Gazette) April 2 2012

^ "News & Polls: All - Ipsos" . www.ipsos-na.com .

^ CLARK, CAMPBELL (June 11, 2014). "Canadian prostitution laws a no-win, poll shows" – via The Globe and Mail.

^ Jump up to: a b Otiena Ellwand; Jana G. Pruden (February 4, 2014). "Edmonton police to focus on 'consumer side' of prostitution in light of laws being struck down" . Edmonton Journal . Retrieved February 12, 2014 .

^ "NewsEventsWeatherProgramsVideoAudioContact Us Human trafficking target of Operation Northern Spotlight" . CBC . January 29, 2014 . Retrieved February 12, 2014 .

^ "Local police target sex slavery as part of Operation Northern Spotlight" . CTV News Atlantic . January 28, 2014 . Retrieved February 12, 2014 .

^ "Canada v. Bedford the immediate aftermath" . NSWP . NSWP. February 12, 2014. Archived from the original on February 22, 2014 . Retrieved February 12, 2014 .

^ Eva Hoare (January 28, 2014). "Halifax police target sex slavery as part of nationwide operation" . The Chronicle Herald . Retrieved February 12, 2014 .

^ "Canadian Association of Sexual Assault Centres" . Casac.ca . Retrieved October 17, 2012 .

^ "Welcome to the Native Women's Association of Canada Website | NWAC/l'AFAC" . Nwac.ca . Retrieved October 17, 2012 .

^ "Mandat et mission" . AOcVF (in French) . Retrieved April 10, 2018 .

^ "LaCles.org" . LaCles.org . Retrieved October 17, 2012 .

^ "Welcome | Vancouver Rape Relief & Women's Shelter" . Rapereliefshelter.bc.ca . Retrieved October 17, 2012 .

^ "Should Prostitution Be Legal? | EVE - formerly Educated Voices now Educating" . Educatingvoices.ca. Archived from the original on March 10, 2013 . Retrieved October 17, 2012 .

^ "Advocacy Workshop" . Retrieved February 18, 2011 .

^ "Fire Witch Rising: Inteligenta Indigena: Aboriginal Women's Action Network Statement Against The Plans For Vancouver Brothel" . Firewitchrising.blogspot.com. February 20, 2008 . Retrieved October 17, 2012 . ( registration required )

^ "Home" . VCASE.CA .

^ Lauren Barr (February 4, 2011). "Construction biz tickled pink" . Calgary Sun . Retrieved July 24, 2013 .

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^ Jump up to: a b c Twahirwa, Rémy-Paulin (March 2020). "Elya M Durisin, Emily van der Meulen et Chris Bruckert, dir, Red Light Labour: Sex Work Regulation, Agency, and Resistance" . Canadian Journal of Women and the Law . 32 (1): 225–230. doi : 10.3138/cjwl.32.1.10 . ISSN 0832-8781 . S2CID 216347430 .

^ MacInnes, Teresa; Nason, Kent (1999). "Lost" . PsycEXTRA Dataset . doi : 10.1037/e532052004-001 . Retrieved November 17, 2021 .

^ Jump up to: a b Abel, Gillian (June 20, 2018). "Commentary: Sex work is here to stay and decriminalisation improves safety and social justice" . BMJ . 361 : k2687. doi : 10.1136/bmj.k2687 . ISSN 0959-8138 . S2CID 49334712 .

^ Jump up to: a b Jeffrey, L. A., & Sullivan, B. (2009). Canadian sex work policy for the 21st century: Enhancing rights and safety, lessons from Australia. Canadian political science review, 3(1), 57-76.

^ Rekart, M. L. (2005). Sex-work harm reduction. The Lancet, 366(9503), 2123-2134.

^ Sanders, T., & Campbell, R. (2007). Designing out vulnerability, building in respect: violence, safety and sex work policy. The British journal of sociology, 58(1), 1-19.

^ Krüsi, A., Chettiar, J., Ridgway, A., Abbott, J., Strathdee, S. A., & Shannon, K. (2012). Negotiating safety and sexual risk reduction with clients in unsanctioned safer indoor sex work environments: a qualitative study. American Journal of Public Health, 102(6), 1154-1159.


Current laws passed by the Parliament of Canada in 2014 make it illegal to purchase or advertise sexual services and illegal to live on the material benefits from sex work . The law officially enacted criminal penalties for "Purchasing sexual services and communicating in any place for that purpose." [1]

It is the first time in Canadian history that the exchange of sexual services for money is made illegal. The Canadian Department of Justice , claims that the new legal framework "reflects a significant paradigm shift away from the treatment of prostitution as 'nuisance', as found by the Supreme Court of Canada in Bedford , toward treatment of prostitution as a form of sexual exploitation". [2] Many sex workers' rights organizations, however, argue that the new law entrenches and maintains harm against sex workers since sex workers are still committing a crime, albeit there is an immunity from arrest for material benefits and advertising.

The new laws came in response to the Canada (AG) v Bedford ruling of the Supreme Court of Canada , which found to be unconstitutional the laws prohibiting brothels , public communication for the purpose of prostitution and living on the profits of prostitution. The ruling gave Parliament of Canada 12 months to rewrite the prostitution laws with a stay of effect so that the current laws remain in force. [3] Amending legislation came into effect on December 6, 2014, which made the purchase of sexual services illegal. [4]

There has long been a general agreement that the status quo of prostitution in Canada was problematic, but there has been little consensus on what should be done. [5] There is an ideological disagreement between those who want to see prostitution eliminated (prohibitionism), generally because they view it either as an exploitative or unacceptable part of society, and those advocating decriminalisation because they view sex workers as having agency and prostitution as a transaction; they also believe prohibition encourages the exploitation of sex workers by denying them legal and regulatory protections. The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organisation (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002). [6] The Conservative majority Government of Canada, however, was committed to a prohibitionist position, as was laid out in its new legislation introduced in 2014.

While the act of exchanging sex for money has been legal for most of Canada's history, the prohibition of the activities surrounding the sex trade has made it difficult to practise prostitution without breaking any law. [4] This is the first time that the exchange of sexual services for money is made illegal.

Canada inherited laws from the United Kingdom . The first recorded laws dealing with prostitution were in Nova Scotia in 1759. Following Canadian Confederation in 1867, the laws were consolidated in the Criminal Code in 1892. These dealt principally with pimping, procuring, operating brothels and soliciting. Most amendments to date have dealt with the latter; originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985. Since the Charter of Rights and Freedoms became law, the constitutionality o
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