Protection of Communities and Exploited Persons Act

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Peter MacKay  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Criminal Code to, among other things,
(a) create an offence that prohibits purchasing sexual services or communicating in any place for that purpose;
(b) create an offence that prohibits receiving a material benefit that derived from the commission of an offence referred to in paragraph (a);
(c) create an offence that prohibits the advertisement of sexual services offered for sale and to authorize the courts to order the seizure of materials containing such advertisements and their removal from the Internet;
(d) modernize the offence that prohibits the procurement of persons for the purpose of prostitution;
(e) create an offence that prohibits communicating — for the purpose of selling sexual services — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre;
(f) ensure consistency between prostitution offences and the existing human trafficking offences; and
(g) specify that, for the purposes of certain offences, a weapon includes any thing used, designed to be use or intended for use in binding or tying up a person against their will.
The enactment also makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Oct. 6, 2014 Passed That the Bill be now read a third time and do pass.
Sept. 29, 2014 Passed That Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, as amended, be concurred in at report stage.
Sept. 29, 2014 Failed That Bill C-36 be amended by deleting the long title.
Sept. 25, 2014 Passed That, in relation to Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
June 16, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.
June 12, 2014 Passed That, in relation to Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and That, at the expiry of the five hours provided for the consideration at second reading stage of the Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 10:55 a.m.


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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I would like to give my colleague the opportunity to say more about the mixed messages the minister is sending. He introduced a bill in the House of Commons and said that his legal experts studied the bill and everything was fine. However, a number of experts appeared before the committee and said that there were constitutional issues and that the bill failed to comply with the Supreme Court ruling. The minister is saying, in essence, that the bill may not comply with the ruling and may be unconstitutional.

My colleague spoke about that. Was the bill constitutional or not, and why was the minister unable to give a clear answer?

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 10:55 a.m.


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The Deputy Speaker Joe Comartin

The hon. member for Gatineau has one minute to answer the question.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 10:55 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, as a lawyer who will be celebrating 30 years of legal practice in November, I would venture that we cannot say that it is completely unconstitutional or completely constitutional.

The minister says that he is convinced that this will end up in the Supreme Court of Canada. I got a minor amendment passed. I do not really boast about it because I find that ridiculous. Once again, the Conservatives do not want to be clear and transparent.

We asked the minister to report on prostitution and human trafficking two years after the passage of the bill. They amended my amendment to increase the time period to five years. With Bill C-13, they increased it to seven years. We all know that this will be before the courts well before that.

I would like to reiterate that this is a health and safety issue. We must not put the lives of people who work in a very dangerous environment at risk. This is very serious.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 11 a.m.


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The Deputy Speaker Joe Comartin

When we resume debate, the member will have approximately five minutes for questions and comments.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 12:45 p.m.


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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I believe that we have to continue debate on this extremely important issue.

The member for Gatineau highlighted some issues and wanted to elaborate on them during questions and comments. Could she have the time now to comment further?

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 12:45 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

That is probably the best question ever, especially for me.

I wanted to speak more about the amendments that we presented.

We often feel that the government opposite rejects outright the amendments that we put forward and believes we propose amendments just for fun. That is not at all the case. We take our role as legislators seriously.

I am still wondering why the government rejected these amendments given its philosophy and its basic principles with respect to Bill C-36. In one of our first amendments, I made suggestions about the application of the Criminal Records Act and the criminal records of individuals—the same people the government called victims—convicted of offences for which they will no longer be prosecuted but exempted. Why would the government not suspend their criminal records?

I also do not understand why the government refused an amendment to make an addition to the preamble. Although we often say that the preambles are not the law, they convey the spirit of the law. Our suggestion seemed to be in keeping with the government's comments.

We suggested that the following be added to the preamble:

Whereas the Supreme Court of Canada decided in Attorney General of Canada v. Bedford that certain provisions of the Criminal Code have a grossly disproportionate effect on persons who engage in prostitution by putting their health and safety at risk and making them more vulnerable to violence;

That was the whole point of the Bedford decision. We thought it was important to highlight that and once again underscore how important it is to look at issues such as poverty, housing, health care needs and other socio-economic problems affecting women who are in the sex trade because they lack other options.

These amendments were not dangerous. They reflected exactly what we heard from witnesses, who testified because the government asked them to.

That is where it becomes clear that Bill C-36 is, sadly, part of the Conservatives' ideology. It does not address human trafficking. Frankly, it brings a proverbial sledgehammer down on those who are already vulnerable.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 12:50 p.m.


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NDP

Tarik Brahmi NDP Saint-Jean, QC

Mr. Speaker, about a year ago, when the former member for Bourassa joined the mayoral race in Montreal, his election platform included a plan to close all of the massage parlours that were basically brothels and employed minors.

When he was elected mayor, people asked if he was going to follow through, and he said that he would only shut down the ones that employed minors. In the end, none of them were closed because the authorities could not find any that employed minors.

Is that the same argument that we are hearing from the other side—that no one should trade sex for money, in order to protect children? Is that argument not indicative of the deception hidden in this bill? Is the government using children to justify the religious Conservative ideology, according to which it is wrong to pay for sex?

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 12:50 p.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, this excellent question is worthy of a full dissertation. Clearly, no one has an simple answer.

Indeed, there are a few problems related to my colleague's question. First of all, I still do not know how this bill defines the concept of sexual services. How does that affect the things my colleague mentioned? This is not yet clear. The minister has not provided a clear answer to these questions.

The example of Montreal is typical of the promises that the current mayor made during the election campaign. This just goes to show that words can sometimes be a far cry from reality. When our intentions are sincere we provide the necessary means to back them up, in other words, in this case, more police officers and a lot more than $20 million over five years. This requires a firm commitment. It is not enough to announce an investment of $20 million at the end of a press conference.

The government needs to walk the talk, which it does not always do.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 12:55 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is a pleasure that I rise to speak today on what is no doubt an important piece of legislation. I will talk about the issue for the first part of my debate, and then the second part will be more specifically with respect to the bill and why the Liberal Party has expressed so much concern about it.

As a number of members might be aware, I have been a parliamentarian, whether in this House or in the Manitoba legislature, for well over 20 years. There are a number of issues that come into play every so often on which I feel compelled to speak. This is one of those issues.

If members are familiar with Winnipeg North or the riding I used to represent at the Manitoba legislature, they would be aware that to drive to work I would drive down Burrows Avenue, from roughly the 1900 block all the way down to Salter Street, which is at the 300 block of Burrows Avenue. I would then turn right and head straight to the legislative building.

If there is a heart of this social dilemma that we find ourselves in, I was driving through it virtually every day that the Manitoba legislature sat. When the Manitoba legislature sat, I drove through the core of Winnipeg North, in particular the older neighbourhood of Winnipeg North.

I think of the streets where there are serious issues of prostitution, and everything around it. We are talking about streets, from Mcgregor , Salter, square blocks to Main Street, and streets like Pritchard Avenue, in part. These streets are part of a community which at one time were the pride of Winnipeg. There is so much richness and cultural diversity there today.

However, there are also some very strong social needs there. What I have witnessed over the last couple of decades is a sense of desperation, a community that in many ways is in need of government attention. When I say government attention, I am not just talking about attention from Ottawa or the province; I am referring to the different levels of government and the many different stakeholders.

There are many different non-profit groups in that little box, if I can put it that way, from Arlington Street to Main Street, from the tracks almost all of the way up to Inkster, and definitely up to Mountain, that do fabulous work in terms of trying to deal with the social issues there.

Over the years, I have observed first-hand the seriousness of prostitution and how that has destroyed the lives of our young people. I have seen prostitutes who would appear to be in the early teens, and when I say early teens, that is even questionable. I know 12-year-olds and 13-year-olds, and even younger, who get engaged in prostitution. Even though it is predominantly females or young girls, there are also males who get engaged in prostitution. It is not by choice that this is taking place; it is a destructive force that needs to be recognized.

I have always felt that the best way to deal with this social issue is to see a higher sense of co-operation from the different stakeholders, and in particular from the different levels of government.

When this bill came before the House of Commons, I was intrigued. Winnipeg North is not unique. There might be a dozen or more other constituencies similar in nature, so I thought this would be a wonderful opportunity for us to exchange ideas, because many of the issues that need to be dealt with when it comes to prostitution go far beyond the Criminal Code.

I have heard a lot of discussion through this process. I appreciate the time various individuals put in over the summer to sit on the committee. I would often tune in from Winnipeg to catch up on what was taking place in Ottawa, and there has been a lot of debate about the criminal element of prostitution. However, not only is there a role for criminal law to play in this issue; there is also a far greater role for us to play in dealing with prostitution and human trafficking by looking beyond our criminal laws.

I have had first-hand experience and heard sad stories. A family in Tyndall Park had a young lady torn from their lives. She was murdered. She was enticed by drugs and was sucked into prostitution. From what I understand, this particular young lady was drawn into prostitution through crystal meth and the criminal element present at the time. She even had children.

Thank goodness for her parents, who were able to provide a loving, nurturing family. They never lost hope for their daughter, but sadly, she was brutally murdered.

There is no doubt in my mind and in the minds of others that the system failed that young lady. There is this sense that we, collectively, need to do more. When I say “we”, it goes beyond members of Parliament, beyond elected officials at all levels, beyond bureaucrats at all levels. It goes to the non-profit groups that we refer to and to the core of our communities themselves. I saw first-hand the impact on a family and in part on a community.

Another individual I have known for a number of years tried to provide care to a foster girl. As much as this individual wanted to provide protection for the girl, the system did not allow him to provide the type of protection that he and his wife and his family wanted to provide. That foster child ultimately ended up falling victim to the criminal element and was roped in to prostitution.

I could relate endless stories that I have heard through the years. I can recall one touching one. A family overseas thought they could get their daughter over to Canada. She was told that she would be able to work in the hospitality industry. The family thought, of course, of a restaurant or a hotel or something of that nature. Once this young lady arrived, she was brought into the criminal element, which included prostitution among many other things.

There are numerous stories. I like to believe that we as a whole will do what we can to ensure that we are protecting the vulnerable people in the communities we represent.

I am a very strong advocate for the Marymound centre, which is a wonderful north end care facility that is, in essence, run by volunteers and some paid staff. They take some very troubled individuals into their care and under their tutelage to try to get them out of the rut of the dark side, out of criminality, including prostitution.

I had the opportunity to tour that facility years ago. In the Manitoba legislature and here in Ottawa I have had the opportunity to talk about Marymound as an organization that assists young girls in proving an opportunity to succeed in life. In many cases, they are taken right from the street or from dysfunctional families and brought into a situation where they can feel safe and, hopefully, get on a track that ultimately leads to a much more positive outcome for many of them.

We need to look at how we can build upon organizations with proven track records of success. When I get into discussions on crime bills, I talk a lot about how we can come up with progressive ideas that would enable governments at whatever level to support initiatives that would prevent crimes from occurring in the first place.

I would apply that very same principle here. Can government do more than it is currently doing to prevent young girls and boys from becoming prostitutes? What can government do to assist individuals who have already been captured by the criminal prostitution element and are currently in the system? What can we do to assist them in getting out of it? This is where my interest really lies, and I think government can make a difference.

I cited two specific examples. The first example I talked about was the prostitute with the crystal meth. This is someone who was already in the system. The parents had a tremendous amount of frustration in trying to find ways to get her out of the system. That was the first example that I gave.

The second example that I gave was the loving, caring family that realized their foster child was sneaking out late at night and being drawn into the system. The social services system failed, and no one was able to prevent this particular individual from falling into this brutal system.

That is where I believe we can do more. That is why I brought up the Marymound system. If we have resources like Marymound, which I am using as an example, they can help individuals who are currently involved with the criminal element and hopefully pull them out.

There are so many other things that we could be doing, such as providing educational opportunities, providing basic life skills that would ultimately lead to alternative forms of employment, and providing hope in many ways. We could look at ways to develop programs that would build self-confidence. There are all of these things.

I know the member for Kildonan—St. Paul is very much aware of the impact of the system on what could be a wonderful, bright young lady with all sorts of hope and future, and how individuals try to keep a person down through the enticement of drugs or often the beatings that take place. They are used to keep individuals in a place where they should not be.

Governments and non-profit agencies do have a role to counter that. I have made a few suggestions as to how we could move in that direction, and I would challenge the government to work in co-operation on other initiatives that will make a tangible difference.

When I was first elected, I remember Vic Toews saying to me that he wanted to see more community policing. He believed we needed to have more policing in our communities. He actually assigned a significant amount of money to ensure that there would be more police hired, but when I looked into it, I found that there was some money, but it was tied. When it was sent to my province of Manitoba, the provincial government sat on that money. For different reasons, It did not want to use it for policing, but the point is that it was sitting on that money, and in my last few days as an MLA, community police offices were actually being shut down.

Community police officers would go into schools and try to make a difference in the lives of individual young people who found it challenging to be out on the street in the first place. What was missing was the sense that we have not just a responsibility, but a higher responsibility to start working together to make sure that the job is actually getting done. That is something that is very lacking.

If there is anything I can contribute to this debate on Bill C-36, I believe it is to emphasize is a very significant point, and it is this: it is more than Ottawa and more than the provincial and municipal governments. It includes the stakeholders and so many others who need to get involved on this issue.

I would like to indicate the primary concern that the Liberal Party has with this legislation. It can be referred to as 200-plus lawyers. It is the constitutionality of the legislation.

The government has not been able to provide, outside of its own department, official legal opinions that the bill would stand a chance with the charter, and the reason we have the legislation before us today is that the current laws themselves have failed the charter. That led to the legislation before us today, but from everything we are being told, this legislation will not be able to meet the charter either.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 1:15 p.m.


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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, the member skated around the issue four times from Sunday. Two weeks ago, the leader of the Liberal Party tweeted, “The days when old men get to decide what a woman does with her body are long gone. Times have changed for the better. #LPC defends rights”.

The Liberal Party is not supporting Bill C-36. We heard the member speak over and over again about human trafficking in Winnipeg North. Will that member toe the party line or will he vote “yes” to Bill C-36?

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 1:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, it is important to recognize that we have legal experts from all over Canada who are challenging this legislation's ability to even clear the charter. The reason we have the legislation before us today is because of the Bedford decision. There have been many commentaries throughout this whole process regarding that. It is one of the reasons I wanted to try to personalize it.

There is much more that we could be doing outside of criminal law. It is more important that when we pass criminal law, we ensure we have it right. The government has not been successful demonstrating that it has it right.

It is not just the Liberal Party or the NDP saying that. We are talking about hundreds of lawyers and different stakeholders that go beyond lawyers.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 1:15 p.m.


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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, the examples my colleague brought forth from his riding were well taken.

I will remind him that we are in third reading, so it is unfortunately a little late for all of the suggested improvements. We are now at the point where we will be voting to accept or defeat the legislation. On this side, we will be voting against it.

Having brought all of these great ideas and knowing that they cannot be brought forward anymore, what is member for Winnipeg North going to be doing regarding this legislation as far as supporting it further down the road? What are we going to be looking at as far as bringing this forward in the community?

Specifically, I would like to know from him if it is a good idea to be passing legislation like this without giving the opportunity and the tools to those who are disenfranchised and have fewer resources in the country to bring forward legislation to the courts. This legislation, from so many experts that I have spoken to, is almost certainly going to be challenged in the courts. It is almost certainly going to be defeated, because it does not actually address the single most important issue that the courts brought up, which is harm reduction.

Could the member please give some comments on how the community groups that he spoke to are going to be able to challenge this on the ground?

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 1:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, my attempt in delivering my comments was to try to emphasize that the Liberal Party believes we have a very serious social issue in facing human trafficking and prostitution. We need to recognize that government has a role to play that goes beyond the Criminal Code.

What we have before us today is a direct result of a ruling from the Supreme Court. We have been advised, as others have been.

Let me quote a letter that was addressed to the Prime Minister and authored by, from what I understand, well over 200 lawyers. It says:

We are concerned about the direction your government is taking with respect to adult prostitution in Canada. Bill C-36, also known as the Protection of Communities and Exploited Persons Act, proposes a legal regime that criminalizes many aspects of adult prostitution, including the purchase of sexual services, the advertisement of sexual services, and most communication in public for the purpose of prostitution.

As the Supreme Court of Canada unanimously held in Canada...three of Canada’s current adult prostitution laws are an unjustifiable infringement of sex workers’ right to security of the person, pursuant to s. 7 of the Canadian Charter of Rights and Freedoms...These laws were found to create and exacerbate dangerous conditions and prevent sex workers from taking action to reduce or mitigate the risks they face. We are concerned that, for the very same reasons that caused the Court to strike down these prostitution laws, the criminal regime proposed by Bill C-36 is likely to offend the Charter as well.

Protection of Communities and Exploited Persons ActGovernment Orders

October 3rd, 2014 / 1:20 p.m.


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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, the member has just mentioned that the government did not present any witnesses who were, outside of government, legal experts who would support the constitutionality of Bill C-36. I am happy to have the opportunity to stand and correct him.

The member said that he watched the House of Commons proceedings in the summer. I hope he had a chance to hear the testimony of Professor Benedet of the University of British Columbia, not a government lawyer, at both the House of Commons and the Senate committee hearings.

I would like to read for him the transcript from Professor Benedet's appearance before the Senate proceedings where she was asked a question by Senator Plett.

Senator Plett said:

My question is whether you believe that this proposed law is, in fact, in accordance with the Bedford ruling. If so, how? Do you believe that, in fact, it will stand the test of a challenge to the Supreme Court?

Professor Benedet answered:

Yes, I do. I do believe both that the law is a genuine attempt to respond to the restrictions put on Parliament by the decision in Bedford, and it does seem to me, that the law is crafted in a way that it meets the demands of the Charter.

She further went on to say:

Overall, I see here a bill that is largely attuned to the concerns that the court raised. If the argument that is being made is that criminalizing the purchase of sex is inherently unconstitutional, we have to recognize what is being asserted then is that there is a constitutional right to buy women in prostitution. My reading of the Charter of Rights, particularly in light of the equality provisions, doesn't support that conclusion.

Could the member comment on Professor Benedet's analysis and at least acknowledge that in fact there are legal experts who support the constitutionality of this bill?