SEX ISSUE
Changing
prostitution laws
By: Miriam Namakanda
T
hree laws relating to the sale of sex were ruled unconstitutional in December by the Supreme Court of Canada. But the response by governments, both provincial and federal, has been inconsistent, with enforcement varying from jurisdiction to jurisdiction. The Supreme Court struck down three Criminal Code provisions regulating sex work. They include sections prohibiting: “keeping a common bawdy-house,” “living on the avails of prostitution,” and “communicating in a public place.” Three current and former sex workers launched the case in 2007. These laws were criticized by the Supreme Court for making legal sex work dangerous. “The prohibitions all heighten the risks the applicants face in prostitution […] they prevent people engaged in a risky—but legal—activity from taking steps to protect themselves,” read the Dec. 10 ruling. Sections 197 and 210 of the Criminal Code criminalized the repeated use of a space for sex work operations, meaning that brothels were made illegal. Section 212(1) (j) criminalized those living off the proceeds of sex workers, targeting mainly “pimps.” Finally, Section 213(1)(c) outlawed public solicitation of sexual services. The Supreme Court unanimously deemed the three laws unconstitutional in December and gave Parliament one year to come up with new legislation. In the meantime, Federal Justice Minister and Attorney General Peter Mackay has directed the provinces to continue enforcing the unconstitutional laws for twelve months after the ruling. But the CBC reported that a number of provinces, including New Brunswick, are no longer enforcing the laws. The CBC reported that New Brunswick’s Deputy Attorney General Luc Labonte
justified the decision, saying it would be “unfair to request a person to answer to charges that we now know have been deemed unconstitutional.” In Saint John, NB, Police Chief Bill Reid told the CBC that New Brunswick police will not prosecute those who violate the unconstitutional laws. Reid also said he was against a proposal by city councillor Susan Fullerton to “crack down” on sex work. The city also saw protests against the councillor’s proposal. The CBC also reported two situations where johns were not charged for soliciting sexual services in Saint John and in Moncton. Some provinces refusing to enforce these laws have ended up following what is often called the ‘Nordic model,’ in which clients and procurers are more harshly prosecuted than sex workers themselves. On Feb. 4 The Calgary Herald reported that Alberta Justice Minister Jonathan Denis was directing prosecutors to continue bringing cases against men who purchase sex, but not sex workers themselves. Officials in Newfoundland and Labrador have also said the province will no longer prosecute sex-trade workers, but will continue to target johns and pimps, reported the Canadian Press. The CBC reported claims of harassment from sex workers during a cross-country police operation to combat sex trafficking. The operation was criticized by some sex workers who said they were intimidated by the police. “Operation Northern Spotlight” was organized by the Durham Regional Police Service and involved twenty-six police departments across Canada, including two in Saint John, NB and one in Halifax. The police said over 330 women were interviewed, although they have not disclosed how many
arrests were made. The differing enforcement approaches between provinces reflect the divisive nature of the subject, which has prompted renewed debate among Canadian academics and women’s groups. Some feel that the Supreme Court ruling legitimizes the sex trade, which they think should be abolished. The Native Women’s Association of Canada (NWAC) issued a press release the day of the ruling, stating, “NWAC will continue to support and fight for the abolition of prostitution.” “Legalizing brothels and escort services will only help to empower traffickers/pimps and continue to put women at risk of violence, while making it more difficult to exit, or report any harm they experience,” read the NWAC release. Tasia Alexopoulos, a gender studies professor at Mount Allison University, commented on “Operation Northern Spotlight” in an interview with The Argosy. “I think what’s important when we think about raiding sex workers, and raiding their places of work, is do we find that acceptable in any other occupation?” she said. Alexopolous said there are “so many different sides” to the abolition debate. She added she feels the main issue is “selling sex in a system that has deeply entrenched inequalities,” rather the act of selling sex itself. San Patten, a sociology professor at Mt. A who specializes in social policy around sex work and drug abuse, shared some information about the debate on sex work as a social issue. Talking about the future of laws around sex work, Patten said, “Hopefully society is coming around to understanding the overall concept of harm reduction, but I think it’s a slow value change,” citing countries in Scandinavia as examples of a more progressive model.