Canada to Examine Decriminalizing Prostitution

[Luv2play]

Today a series of cross-country public hearings is being launched in Toronto by a Parliamentary committee to examine the issue of decriminalizing prostitution. They are scheduled to visit 20 Canadian cities to hold these hearings. There has been pressure for some time to take action on this front but it seems the issue of violence against female sex-trade workers has energized the process.

 

As background to this issue, you need to know that the last time Canada amended its prostitution laws (which are federal in scope) was twenty years ago. At that time the approach implemented was to criminalize the act of solicitation but not the actual performance of a sex act for money. This led to a pattern of behaviour influenced by the sanctions against overt communications between prostitutes and their clients. Critics of the law maintain that this puts female sex workers at a particular disadvantage, as it leads them into dangerous isolated locations in order to ply their trade. As a result, there have been numerous incidents of murders and other acts of violence against these women.

 

One could ask what this has to do with male escorts. Well, it is relevant since in Canada the laws on sexual matters have been changed since the introduction of the Charter of Rights and Freedoms in 1984. All discriminatory provisions have been struck from the criminal statutes so that they apply equally to males and females. So whatever is decided for women will apply equally to men in the future. This should be an interesting process to watch as it unfolds.

[joel304]

How are they defining solicitation? How do you get a prostitute without communication? I must be missing something.

[Luv2play]

As in all criminal proceedings, you need evidence to convict. Defining the crime as a specific type of communication means that you have to be caught in that act rather than in the sexual act. This has had several effects.

 

First, to avoid detection, prostitutes and their clients try to ensure privacy when communicating their desires. For prostitutes plying their trade on the streets, this has meant gravitating to less public places where they are more exposed to danger (this does not seem to prevent street cruising in many major cities where the activities of prostitutes are pretty obvious).

 

A second effect has been the proliferation of escort agencies, where communication by telephone or over the Internet avoids detection by the authorities. Of course, these agencies have to advertise but there are ways of avoiding making the direct connection between sex and money (you are paying for my time etc).

 

Of course, the current law is conducive to police conducting sting operations and using undercover police to entrap the johns. This happens but seems to be unevenly applied across the country.

 

For gay men seeking the services of male prostitutes, the situation is quite different. Usually it is the female prostitutes who face the violence from their male clients, while it is the gay male clients (generally the elderly) who are victimized by rough trade.

 

We are a long way from any specific proposals being made in Parliament to decriminalize prostitution. However, if we go in this direction, as several European countries have, it will bring commercial sex out of the shadows to a great extent. It would be interesting to hear from our board members who already operate in this kind of environment (Anton, are you there?) ;-)

[duke37]

Thanks for the information. I thought prostitution was legal in Canada already. Apparently not.

 

Jeff

[joel304]

Actually, it appears that it is, so long as it isn't discussed?

[Juan Vancouver]

NO.

 

Prostitution is under no circumstance legal.

 

Escorting, however is. (Who can understand this?)

 

Receiving a monetary compensation for any sexual activity is illegal, as it is illegal to announce anywhere for those purposes, solicit clients openly or not, operating a bawdy house or exploiting a third person or any person under 18 years old.

 

On the other hand, almost every province in this country issues licences to escorts. Makes sure that those escorts get tested and get necessary sexual health education so they are able to make the best choices while in practice.

 

You would think that this doesn't make sense. That it is a double standard... It is not. The sex-trade laws until now have been developed and implemented trying to avoid exploitation of women and minors, and trying to get violence out of the equation.

The police and everyone knows that escorts dont only provide companionship. That's why we get free rubbers and sex-ed.

 

It was just lately when they realized that those laws are keeping prostitution in the dark, and in those conditions violence, expliotation and disease can thrive. Interestingly enough, the attempt to de-criminalize it has two fierce groups of oponents: In the cloiset clients, and escorts that are making a lot of money, male and female. They don't want prostitution to be de-criminalized for the obvious reason that they would HAVE to declare all their income. As the laws are, we are able to declare just a part of our income,(If we so wished) because it is untraceable. As soon as it becomes legal, we will have to issue a receipt, and charge tax, and deduct our dildoes and so on... (Arrgggh!)

 

Even clients don't want it to become a legal trade, because -again, their escapades will be known in the future. However, legalizing and creating a series of standards will allow us to give a better service, be more safe while both working or hiring, have a reason for high or low rates, and so on...

 

It is definitely an interesting battle. A battle that has been fought and won in countries like the neatherlands, germany and few more. And I feel tempted to predict that Canada will be wise enough to not confuse religious ethics with what is right and wrong.

 

But of course, only time will tell...

[Guest Tampa Yankee]

>Actually, it appears that it is, so long as it isn't

>discussed?

 

Yes, that appears to be the case. My reading indicates that communicating in a public place for the purpose of solicitation is illegal, operating a bawdy house is illegal, and making a living in whole or part off of another person engaging in sexual acts for money is also illegal. It seems that the act of prostitution is not illegal. The primary purpose of the first two instances is to address public nuisance issues and the latter is an attempt to outlaw pimping. Of course the devil is in the details.