Sex Work and Society in Canadian Community

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Table of Contents

Introduction
Critical Thinking
Cogitation
Conclusion
Works Cited

Introduction

Prostitution is one of the most controversial topics in Canada today. The current Canadian laws on prostitution came into force on December 6, 2014, following a Supreme Court ruling on the case Canada (AG) v Bedford (Scoular 17). In the ruling, the Supreme Court held that the law prohibiting the existence of brothels and living on earnings from prostitution unconstitutional. The ruling meant that it is legal to sell sexual services but illegal to purchase them.

According to Schultz and Lavenda, the opponents of the sex trade argue that the practice involves the exploitation of women, especially those who are not financially empowered (31). Incidences, where teenage girls are kidnapped and sold to owners of brothels, have been cited as one of the main reasons why prostitution should be criminalized. However, Close argues that another section of society believes that prostitution should be legalized (35).

The trade has been in existence for a long time and attempts to eliminate it have failed in various parts of the world. Criminalizing prostitution creates an environment where it is run clandestinely. The few powerful individuals who can hide from the law can end up kidnapping and exploiting young women knowing that they can manipulate the law. When the trade is legalized and regulated, it is easy to inspect the brothels to ensure that all the sellers are willing to be involved in the trade and are not coerced in any way.

Their age and identity can be verified to ensure that no one is forced into the trade. The government can also earn tax from the trade if it is managed properly. In this paper, the researcher seeks to discuss reasons why it is necessary to have new legislation that will legalize prostitution in Canada.

Critical Thinking

The Canadian Prime Minister, Justine Trudeau, has been under pressure to declare his stance on the issue of legalizing prostitution in Canada. Since coming to power, he has not come out in clear terms to support or oppose the legalization of prostitution in the country. Bill C-36, the Protection of Communities and Exploited Persons Act, has been criticized by a section of society as being ambiguous. It is confusing for it to legalize the selling of sexual services while at the same time criminalizing purchasing of the same. When the law allows men and women to sell these services, it is construed that that buying of the same should also be legal. Sellers of a given product cannot exist if there are no buyers.

The Bill acknowledges that some members of the Canadian society feel that the only way they can earn a decent living is by engaging in the trade. As such, the 2014 law allows them to engage in the trade freely without the fear of being harassed by law enforcement officers. However, the same law that gives them the liberty to ply their trade in various parts of the country prohibits their customers from purchasing the products.

According to Schultz and Lavenda, the goal of this legislation was to eliminate the demand for sexual services as a way of fighting prostitution in the country (56). However, the current police records show that the opposite has been realized. Although the law has significantly reduced cases where under-aged girls are forced into the trade, it has done very little to discourage the trade. The current problem is that so many people are getting arrested for soliciting these services in various parts of the country, especially in major cities.

Young notes that the police records show that at least five people or more are arrested daily in the city of Vancouver for the offense of soliciting for sex (43). The number of arrests is often very high on weekends and public holidays. It is time to come with a new approach to solving the problem. That is why the Prime Minister commissioned a think-tank to determine if it is appropriate to embrace decriminalization, legalization, or maintaining Bill C-36 as it is now.

Bill C-36

Bill C-36 was a piece of legislation that was a direct response to the landmark ruling made by the Supreme Court on the case Canada (AG) v Bedford. The bill specifically addresses three main issues related to prostitution. It legalized operations of brothels, living on the proceeds of prostitution, and communication in public to sell sexual services (Durkheim 67). Before then, these practices were illegal in Canada. However, the new law meant that people engaged in the sale of these products and facilities that made the trade possible would not face police crackdown. However, it remained silent on the purchase of the services.

It meant that the previous laws criminalizing the purchase of the products remained in force. Scoular argues that people criticizing Bill C-36 should understand that it was directly responding to the ruling of the Supreme Court that required it to eliminate laws that made it impossible for prostitutes to operate in the country (34). The directive of the court did not include legalizing the purchase of the same. However, Schultz and Lavenda state that the Canadian parliament had no restrictions similar to what the Supreme Court faced when making its ruling (78).

The court could only make a ruling on what is presented before it. The case that was taken to the judges was to determine the unconstitutionality of the law that bars sex workers from engaging in their trade. After the case was argued, the judges determined that the law violated Section 7 of the Canadian Charter of Rights and Freedoms (Close 41). As such, the court directed the parliament to address the unconstitutionality of the existing laws on prostitution as directed by the court.

On its side, the parliament had the liberty to address the issue beyond the sale of the services. If it was ruled that sex workers should be allowed to engage in prostitution, then what the Supreme Court meant was that purchasing of the same should be legal as long as it is done in an environment where both parties agree with terms favorable to them. However, the parliament went ahead to abolish laws banning the sale of sex services but ignored the issue of purchase of the same.

As such, what the country has is an ambiguous legal system on the issue of prostitution that is not easy to interpret. Durkheim states that both opponents and proponents of the legalization of prostitution are against this law (73). They argue that it does not provide clear guidance on the stance of the Canadian community on this issue. The researcher agrees with their argument.

Decriminalization

Decriminalization is another approach that can be taken when dealing with the issue of prostitution in Canadian society. Close defines decriminalization as the “lessening of criminal penalties in relation to certain acts, perhaps retroactively, though perhaps regulated permits or fines might still apply” (56). When this approach is taken, the purchase of sexual products will be subject to lesser penalties than what is currently the case. It will be treated as a misdemeanor other than a criminal offense. Many people have been championing the approach as a way of dealing with the legal dilemma that was brought by Bill C-36.

Young argues that when the government pursues this approach, it will be acknowledging that the sale and purchase of sexual services are unavoidable social evils (87). It will be an indication that the Prime Minister is keen on allowing people to engage in the trade as long as they are of the right age and no one is forced into it. At the same time, he will be reminding society that it is not a moral practice and that people should always try to avoid engaging in it.

Scoular criticizes this approach as a cowardly way of dealing with such a serious issue that affects many members of society (56). It is a sign that the government acknowledges that prostitution is unavoidable in modern society, just as it was in the past, but it is unwilling to control it properly. Using this approach, sex workers will still be subject to social discrimination in the country. People will still want to remain anonymous when engaging in the trade. The anonymity that is always common in this trade is the leading reason why many young girls are forced into it. It is not easy to know when one is in the trade because of their personal decisions or if they are forced because they will always be hiding from the law enforcement officers. This is not the best approach that the government should take.

Legalization

Legalization and strict regulation of prostitution is the best approach that the government of Justine Trudeau should take. Street prostitutes have been existence in major cities of Canada for decades. According to a report by Van der Meulen et al., the vice is common in major cities such as Vancouver, Toronto, and Quebec City (23). Online platforms such as seekingarrangement.com are also making it possible for people selling and buying these services to meet at their preferred location.

The fact that laws that regulate this practice do not exist means that young men and women are still exposed to exploitation. The emergence of the online platform means that minors keen on experimenting with their lives can easily fall prey to people seeking these services. The ability of the government to audit dating platforms and other avenues through which the service is offered is reduced because of the limited legal platform. A new law is needed to eliminate the legal vacuum that some unscrupulous individuals are taking advantage of to expose minors and unwilling individuals to sexual exploitation.

Bill C-36, which was based on the ruling of the Supreme Court, has already legalized the selling of sex services. The new law should not try to undo that step that has already been made. Instead, the purchase of these services should also be permitted but under clear terms and conditions. The aim of the new law should be to eliminate cases where prostitution is conducted clandestinely. Instead, both prostitutes and buyers should understand the policies under which the trade should be conducted. First, the buyer and the seller should ensure that they engage adults. It means that the buyers will be required to request a form of acceptable identification from the sex workers before engaging them. The government may need to audit the sex workers and issue them with a unique identification card that acknowledges their trade.

The card should be issued to the clients before any form of discussion on the services can begin. On their side, the sex workers should demand national identification cards or any other form of acceptable identification from the buyers before selling the services. Any buyer or seller of these services who fail to follow this law should be punished through long jail terms. This law is meant to address two major issues that have made so many people demand a complete ban on prostitution.

First, it will ensure that all sex workers and those purchasing the services are adults. Cases of child exploitation will be addressed effectively. Secondly, it will ensure that those who are engaging in the trade are doing so of their free will. Incidences, where some people are forced into the practice, will be eliminated. Those who are in the trade will also be subject to a regular health check to determine if they are fit to continue engaging in the trade.

Cogitation

Lessons Learn from the Course

The course was very informative to the researcher, especially about the controversial topic of prostitution in the country. Many people often avoid the topic because it is considered a social evil. Churches and other religious institutions often speak against the vice but little attempt has been made to face the problem directly and deal with it effectively. The moralists believe that prostitution is a vice that should not be tolerated in society.

People should not be allowed to ply the trade because it is degrading both to the seller and the purchaser of the services. They believe that in this century, the human body should no longer be viewed as a commodity on sale. However, the researcher has learned that the arguments made by the moralists, although it has a strong ethical basis, have a limited focus on reality. No parent would indeed want to see a child grow up to become a prostitute. It is also a fact that many members of society classify prostitution in the same class as robbery, burglary, corruption, sale of hard drugs, and much other social evil.

Durkheim notes that one of the biggest debates relating to prostitution as a vice or a trade is the victim (85). When one is coerced to become a prostitute or to purchase these services, such an individual will be the victim. When an underage girl or boy is manipulated to engage in prostitution, then the practice will have a victim. They need to have strict legislative policies is meant to address this problem.

The law is meant to ensure that the sellers and buyers of sexual services are adults who make personal decisions to engage in the trade discretely that the society finds tolerable. In such cases, it is not possible to determine a victim. Sex workers have come out to fight stigmatization and harassment by law enforces who they accuse of making it impossible for them to ply their trade. They even went to the Supreme Court to argue their case and it was determined that it is their constitutional right to engage in the trade.

It meant that sex workers are not victims in this trade. They are doing what they like to earn a living, just like any other professionals using their skills to offer services to members of society. The buyers of these services are also not victims in this case.

When an adult makes a conscious decision to purchase sexual services from prostitutes, such an individual cannot be considered a victim. The buyer has a need that can only be met by the prostitutes. According to Van der Meulen et al., those who argue that prostitution is a vice should remember that if the two (the buyer and the seller) are consenting adults, there is neither a victim nor an aggressor (54). The trade is very helpful in eliminating other more dangerous vices in society.

Rapists are always individuals who are sexually deprived and lack proper control of managing their desires. The urge can be so strong that they end up raping people very close to them. Scoular notes that most rapists are always close family members (89). Some of them are parents, uncles, aunts, brothers, nephews, house helps, or close family members. The victims can range from infants to aging women. Rape may destroy the victim both physically and mentally.

In some extreme cases, the rapist may consider terminating the life of the victim for fear of going to court or the shame of having defiled a close family member who expected protection from them. Although prostitution cannot eliminate rape cases, it can be one of the best tools to fight it. When proper laws exist to regulate the trade and make the services readily accessible, many people would opt to purchase them instead of defiling minors and family members.

They will know that the law protects them during the process of purchasing these services, and as such, they cannot face any form of victimization or harassment. Society should also start viewing prostitution as a better alternative to other social vices such as rape. The sellers and buyers of these services should be accepted instead of being victimized.

Issues That Still Make the Researcher Feel Uncomfortable

The course made the researcher be convinced that prostitution needs to be regulated instead of ignoring its existence. However, the issue of the spread and management of HIV is a major concern. Prostitutes can make a significant contribution to the spread of this deadly virus if that is their desire. Durkheim notes that in many cases, it is always the sellers who insist on using protection during the process of offering the service (91).

Some of the clients are always so drunk that they cannot dictate whether or not a condom should be used during intercourse. It means that these clients are always at the mercy of the sellers. Some vindictive individuals deliberately get into this profession with the view of spreading the virus to as many people as possible. Canadian society has made impressive steps towards the fight against the spread of the virus. Prostitution may be a major cause of concern in this fight. A mechanism may be needed to ensure that the trade does not pose a major threat of spreading the virus in the country. The government may need to have policies that can help in addressing the issue.

Prostitution may not be the best tool that can boost the economy of the country. Although society needs to avoid victimizing prostitutes, the trade should not be glorified either. Children should not grow up knowing that they can become prostitutes as a way of earning a decent living. It is still a questionable practice on moral grounds, especially when married men or women have to become prostitutes or seek these services.

It means that it is necessary to have a delicate balancing between viewing prostitution as a vice that should not be popularized in society and allowing the current prostitutes and buyers of their services to engage in the trade without any victimization. Van der Meulen et al. argue that a small fraction of sex workers are forced into the trade by circumstances or people close to them (56). It can be frustrating if one is forced into this practice. The inability of the government to identify such cases and deal with them effectively is worrying. Sex workers should be aware that there are alternatives to being a prostitute. They should not feel trapped in the trade because of their circumstances.

Issues That the Researcher Disagree With

The researcher disagrees with various issues regarding prostitution, some of which are puzzling. One of these issues is hypocrisy. Some of the leading opponents of prostitution are engaging in vice in different ways. Some are cheating on their wives with close family members or colleagues at work. Others are sexually molesting their employees at home. Another section of the very rich hire call girls to offer them massage and other services on their private jets or ships. In public, they are very vocal in denouncing prostitution, stating that it is eroding the moral fabric of society. Some are politicians who are keen on winning the support of their constituents.

They want to be viewed as being moralists while their actions do not support the same. This crop of individuals makes it impossible to address the existing problems regarding prostitution. These people responsible for having an ambiguous legal system that can neither fight prostitution effectively regulate it to ensure that it is done in the right manner. Young notes that hypocrisy is one of the biggest hindrances to fight for effective laws that can regulate prostitution (78).

On the one hand, they know they need the services and as such, they want to avoid laws that may completely ban the trade. On the other hand, they denounce the practice publicly, with little actions taken other than their words. The indecisiveness of the political class has led to the current legal situation where it is not clear whether prostitution is legal or illegal in Canada.

The researcher disagrees with the idea of considering a teenager to be of legal age and capable of engaging in the trade. An eighteen or nineteen-year-old is still an immature person to decide to become a professional sex worker. The thrill of being of legal age may make such a teenager want to experiment with life. Prostitution is different from so many other professions and it may have a lasting psychological impression on an individual if the person was not fully prepared. As such, the legal age for a person who wishes to become a sex worker may need to be raised from the current 18 years to above 22 years. The new regulation should protect the teenagers who are likely to make rash decisions without a clear understanding of the possible consequences.

Conclusion

Sex work and society is one of the courses that focus on one of the most controversial yet critical topics in the modern Canadian community. Prostitution is one of the oldest practices in a global society. In Canada, a section of society views it as a vice that goes against standard societal morals, and as such, it should be eliminated. Another section considers it a practice that cannot be avoided because it helps in fighting other dangerous vices such as rape.

The existing laws on prostitution are just as unclear as the Canadian society is when it comes to managing the issue of prostitution. However, this study suggests that the ambiguity should be addressed. New legislation should be enacted that strictly regulates the trade. Given that the Supreme Court had ruled in favor of sex workers, laws should be made to ensure that buyers and sellers of these services are of the right age and that no one is coerced into the trade.

Works Cited

Close, Paul. Child Labor in Global Society. Emerald Group, 2014.

Durkheim, Emile. The Division of Labor in Society. Free Press, 2014.

Schultz, Emily, and Robert Lavenda. Cultural Anthropology: A Perspective on the Human Condition. Oxford University Press, 2017.

Scoular, Jane. The Subject of Prostitution: Sex Work, Law, and Social Theory. Routledge, 2015.

Van der Meulen, Emily, et al., editors. Selling Sex: Experience, Advocacy, and Research on Sex Work in Canada. UBC Press, 2013.

Young, Jeffrey. Commodification of Sexual Labor: The Contribution of Internet Communities to Prostitution Reform. Boca Raton, 2015.

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