REAL Women of Canada.  February 24, 2004.

On December 20th, 2013 the Supreme Court of Canada struck down the prostitution laws.  It gave the government one year to come up with a new law.

On February 17th, 2014, the Department of Justice launched an on-line consultation to seek the public’s views and input on rewriting the new prostitution law.  The consultation period is to run until March 17th, 2014.

There are several different approaches that can be taken in rewriting the prostitution law,

1.    Legalize prostitution so that there are no restrictions whatever on the activity.  It would be taxed like any other business;

2.    Decriminalize prostitution which means, regulating prostitution by way of zoning by-laws, public health restraints (e.g. mandatory health check-ups of prostitutes).  Prostitution would also be taxed like any other business;

3.    Prohibition of all prostitution under all circumstances; and

4.    Application of the Nordic model.  This is the prostitution law enacted in Sweden and Norway which targets Johns (purchasers), but not prostitutes.  Brothels and living off the avails of prostitution would be prohibited under this model.  However, the Supreme Court of Canada in the Bedford prostitution case, stated that if prostitution is legal (as it would be under the Nordic model) then the prostitutes’ “security of person” (s.7 of the Charter of Rights) requires that they be protected from harm by way of brothels and bodyguards, etc., who would then be living off the avails of prostitution.  The Nordic model may also be subject to constitutional scrutiny because of the Charter of Rights provision for the equality of rights of men and women and the provision for freedom of association.

In countries where prostitution has been decriminalized such as the Netherlands, Germany and some states in Australia, prostitution has greatly increased as has human sex trafficking and the involvement of organized crime.  Since the decriminalization of prostitution in Germany, there are now an estimated 700,000 prostitutes operating in that country, of which only 15% are German citizens.

According to the consultation site on the prostitution issue, “doing nothing is not an option”.

Please go to the public online consultation site to share your comments:

http://www.justice.gc.ca/eng/cons/curr-cours/proscons-conspros/index.html#2014_02_17

Background Papers can be found at:
http://www.justice.gc.ca/eng/news-nouv/nr-cp/2014/doc_33042.html

If you do not have access to the Justice website to provide your input, please write to Mr. MacKay at the Department of Justice –

The Honourable Peter MacKay
Minister of Justice
284 Wellington Street
Ottawa, Ontario  K1A 0H8

Please remember that this consultation will be taking place between February 17th, 2014 to March 17th, 2014.