After the Supreme Court of Canada ruled that Canada’s prostitution laws were unconstitutional in December 2013, Canada’s Parliament was given one year to adopt a new model of legislation. After consulting survivors, individuals in prostitution, various organizations, legal professionals, justices and the public, the government proposed Bill C-36 –The Protection of Communities and Exploited Persons Act.
The Act largely mimics the Nordic Model by criminalizing sex buyers and those exploiting sex sellers, while protecting the rights of those selling sex. It also ensures that the penalties for buying sex from a minor or exploiting a minor are equivalent to those of child sexual abuse. This is a huge step forward for Canada in recognizing that “teen prostitute” is a derogatory term for a child victim of sexual abuse. As the majority of prostitutes in Canada enter prostitution at the age of 14, this Act takes a huge step forward in protecting Canada’s youth. Abolitionist groups across Canada were very pleased that legislative steps were being taken to prevent sex trafficking.
Minister Peter MacKay
Surprisingly, Bill C-36 received strong opposition from liberal opposition parties who advocate decriminalization in line with the New Zealand model which legalizes prostitution. Both parties waged a media battle speaking for or against the Bill.
For a while, it seemed as though the Bill was quickly losing support, but eventually the conservative majority government won. The Bill became law on December 6, 2014.
Although [free-them] and other anti-human trafficking organizations are savoring this legislative victory, the battle is far from over. People still oppose the new law, and some media outlets have publicly refused to comply with the section of the Act prohibiting sexual services advertisements. Even politicians are still attempting to circumvent the legislative process and push the Act into obsolescence. It has become clear that enforcement of the Act is the next hurdle that will likely be the most difficult one yet.
Law enforcement has traditionally arrested all parties involved in prostitution. The sex sellers ended up in jail for a night, and the sex buyers received a slap on the wrist and instruction to go to John school. It will take a tangible shift in police philosophy and methods to ensure that sex sellers are protected while sex buyers are arrested and prosecuted. This shift can only happen if political parties, governments, justices and organizations accept the passing of the law and stop circumventing the legislative process.
[free-them] will work with police departments interested in leading the charge with the new Act, but we encourage all other abolitionist organizations to support the law and encourage its enforcement so that it has a real chance of success.
As a [free-them] Writer and Editor, Carly does most of her freedom fighting on her laptop, writing articles and posts for [free-them]’s blog. She aims to create awareness of the issue and stimulate conversation in an open forum. Carly was first introduced to human trafficking after watching the movie Taken. Driven by her desire to know more about the topic, her research led her to find out that human trafficking is a worldwide epidemic that is never spoken of. She decided to be a voice for those who are being silenced and found like minded individuals with [free-them]. "Things are meant to be used and people are meant to be loved." -Anonymous
Federal law requires that kids – because these are kids, not simply “minors” – from countries not neighboring the U.S. (Mexico and Canada) receive a court hearing before an immigration judge and cannot immediately be sent back to their home country.
