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. The Library of Parliament often publishes better independent summaries.

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.

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:40 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, there were actually more than a few things in her speech with which we could agree. The Liberal Party is in support of the measures that are contained in the bill that govern human trafficking. If they could be hived off, that would be something we could support. What we do not support are the potential constitutional problems.

The member spent much of her speech talking about the awful situation in countries that have legalized or decriminalized prostitution, such as Germany. There were options available to the government. She spoke passionately against one, legalization or decriminalization. The other option, which the government has chosen, which is really the approach used in Russia, with a few tweaks, is a prohibitionist model. Would she not agree that there were other options in the middle that would be closer to what the Supreme Court of Canada directed and would more properly and more adequately protect those who are vulnerable?

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:40 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I think his question is a little misguided. Actually, this is what the Supreme Court said:

It will be for Parliament, should it choose to do so, to devise a new approach, [a made-in-Canada approach] reflecting different elements of the existing regime.

I have talked about many different countries. We live in the best country in the world. The true north, strong and free, is right here in Canada. What our government has done has the right balance. The right balance is targeting the johns. The right balance is a compassionate view and an acknowledgement of what has happened to the victims and the survivors. The $20 million is a great first step to make it happen.

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:45 p.m.
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Lévis—Bellechasse Québec

Conservative

Steven Blaney ConservativeMinister of Public Safety and Emergency Preparedness

Mr. Speaker, I feel privileged to ask a question of the member for Kildonan—St. Paul, who is a model and a source of inspiration for our government in its fight against human trafficking and for the victims of prostitution.

I want to commend the remarkable work of our colleague. We are very proud to stand with her in this party. She has been a great source of inspiration. She met this morning with people who have been victims of prostitution and have been able to exit. I would like to hear this from the member. Is it important for our government to put exit strategies in place for those victims of prostitution? What is the profile of those individuals? Who is the typical person this bill is aimed at supporting and helping?

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:45 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I thank my colleague, the public safety minister, for this very important question, and I commend all of his great work on this file.

I have met with many trafficked victims. Trafficked victims are vulnerable, beautiful, young women and, these last five years, more and more young boys. The bill would provide them the freedom to be able to leave prostitution or the claws of human traffickers and start new lives. This bill would also make the buying of sex illegal, so the traffickers would not be the big bullies anymore. They would be marginalized.

Canada has made a tremendous statement. It has said that this country will not allow youth—because the youth enter prostitution, on the average, between 14 and 16 years of age—and others to be bought and sold. There is no typical person. It is the predator who looks at the opportunity to draw them in.

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:45 p.m.
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Independent

Maria Mourani Independent Ahuntsic, QC

Mr. Speaker, I would like to thank my colleague for her speech and all the work she has been able to do.

I think it would be important to add a few things. I listened to my opposition colleagues, and after analyzing the Bedford decision and the bill from start to finish, I think that it would hold up constitutionally. I will explain why.

The Bedford decision states that in the current legal context, we cannot criminalize the practice of prostitution. The decision also tells legislators to decide on the legal context that will be put in place to deal with prostitution. The government decided to declare prostitution illegal.

In doing so, the government has established its right to criminalize certain players as pimps and johns. In addition, the government gave immunity to prostitutes. In my opinion, this approach is the fairest for Canada. It presents a Canadian model and, on that point, I hand it to them.

However, I disagree with criminalizing prostitutes in a public place. When immunity is adopted, it must be provided across the board, be it in massage parlours or in public places.

I would encourage the government to reconsider its position because criminalizing johns acting in public view is enough. Criminalizing pimps acting in public view is enough.

There is no need to criminalize prostitutes working in public places. This is how we can give these women, the most vulnerable people on the streets, the opportunity to report the people who assault them.

I would like to propose a friendly amendment.

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:45 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I thank my colleague across the way for her support of the bill and her very good comments.

This bill has a really good balance. I was a school teacher for 23 years, and people had to report to the office when they came in. There were pedophiles outside the fence who would lure the older girls. With this bill, we would be protecting the children too. It is not so much the prostitutes; it is the johns. The johns not only solicit the prostitutes or the trafficked women, but if they see attractive girls, they will go after them as well. It the bill has a nice balance. There is no arresting of the prostitutes, but that is something we need to bring to committee and hammer out at committee, where those concerns can come forward.

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 1:50 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, this is not exactly a clear-cut debate. The member for Ahuntsic was saying that the government had decreed that prostitution was illegal, but that it was not saying that prostitution is now illegal in Canada. Selling is okay, but buying is not, and under some circumstances, selling is not okay.

With Bill C-36, the government tried to take considerable liberties, but it did not have the courage or the deep conviction to do what the member for Kildonan—St. Paul would like to see. The member took great pains to talk about all aspects related to pimps and vulnerable people, but she did not give very good answers to questions about the major problem with Bill C-36: clause 15. This clause criminalizes the very women, the very victims that the Conservatives go on and on about wanting to protect.

Positions aside, we all take our role seriously. I take my role as the official opposition's justice critic seriously, especially when I have to go before the NDP caucus, where it is not always easy to make recommendations.

The member for Kildonan—St. Paul is quite right in saying that we all have concerns about prostitution and human trafficking. However, it is not always easy to enforce laws that comply with the Constitution and our charter, since this government is extremely secretive.

Instead of sharing its information with us, the government introduced Bill C-36 at first reading, which was a response to a Supreme Court ruling. We are not asking for 15 legal opinions. We only want one opinion of the Supreme Court assuring us that the clauses of Bill C-36 are in compliance. This would make us fell more confident that we had a solid foundation. We are often forced to rely on our own resources, which are not government resources, to try to fulfill our common obligation as members of the House.

We sometimes have to enforce laws and set aside our own personal convictions. The other day, a news report made it clear just how passionate the member for Kildonan—St. Paul is about this issue. I understood her personal and religious convictions, and I respect that. However, in my role as justice critic, I need to examine laws and sometimes set my personal convictions aside. That is part of my role as representative for the people of Gatineau.

The government is so secretive that it is more than happy to use this expeditious process on an issue as important as prostitution, the world's oldest profession. Good luck to anyone who thinks they can get rid of it. We are all working to ensure that one day no one will feel the need to turn to prostitution. We hope that one day people will choose this line of work solely because of their own personal choices or beliefs. We are doing everything we can do achieve that, but no method in the world is perfect.

The government did a quick online consultation but no one has no idea how scientifically valid it is. It did not deny the fact that pretty much anyone was able to say whatever they wanted, whenever they wanted. We do not know where the responses came from; we do not have all of the details.

However, the government is not making that scientific poll public, and it will not release it unless it is forced to do so. I believe that it will not share the information before the end of July, based on how the minister has responded to questions in the House.

We will likely be examining Bill C-36 by then, given that it is subject to a time allocation motion. We will vote on it tomorrow, if not today. The committee will meet in early July, so that leads me to believe that we will have the opportunity to study the bill, but without that information. I find that unfortunate.

As I said, we rely on our resources. This bill is important to me; I want to do the right thing.

When I make a recommendation to my colleagues, I want it to be based not on my convictions and my own impressions, but on a careful analysis of the Bedford decision and on consultations. Like many here in the House, I consulted a lot of people. Many people wanted to talk to me about every aspect of this issue.

I heard from those who are advocating decriminalization and others who want prostitution to be legalized. Groups came to talk to me about the Nordic model. I heard from sex workers. Some of them like the idea of the Nordic model, others do not. I met with nearly every individual and every group that will come in July to tell us what they think about the issue.

I always shared my concerns with everyone I spoke to, and I think that we came to a consensus about the issue of safety.

As for the issue of safety, I believe it is very important to repeat the points made by the Supreme Court of Canada. The government and various Conservative members who spoke before me took a bit of liberty when quoting the Supreme Court. They attributed to the Supreme Court some things that it did not necessarily say, or they omitted, probably because it is to their advantage, certain aspects or certain words in some phrases, which are worth their weight in gold.

When we go out into our constituencies and people talk to us about prostitution, they all refer to the Bedford ruling. What is the Bedford ruling? I think it is important to review the main principles established in the Bedford ruling to determine whether Bill C-36 is in keeping with the ruling and whether it will pass the test included in that ruling. I am reading from the ruling:

...current or former prostitutes, brought an application seeking declarations that three provisions of the Criminal Code, R.S.C. 1985, c. C-46, which criminalize various activities related to prostitution, infringe their rights under s. 7 of the Charter...

Despite Bill C-36, section 7 of the charter still exists.

What are the three provisions?

...s. 210 makes it an offence to keep or be in a bawdy-house; s. 212(1)(j) prohibits living on the avails of prostitution; and, s. 213(1)(c) prohibits communicating in public for the purposes of prostitution. They argued that these restrictions on prostitution put the safety and lives of prostitutes at risk, by preventing them from implementing certain safety measures—such as hiring security guards or “screening” potential clients—that could protect them from violence. B, L and S also alleged that s. 213(1)(c) infringes the freedom of expression guarantee under s. 2(b) of the Charter, and that none of the provisions are saved under s. 1.

Everyone knows that the charter can be violated. If it is all right in a free and democratic society, it passes the test of section 1. Those were the arguments made by the three plaintiffs in the case.

I will spare you everything that was said in the Supreme Court, but suffice it to say that the three plaintiffs won on every count. Sections 210, 212(1)(j) and 213(1)(c) of the Criminal Code were declared incompatible with the charter. The declaration of invalidity was suspended for one year, giving the government time—

Second ReadingProtection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 2 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

I am sorry, but the time provided for the consideration of government orders has expired. As a result, the hon. member for Gatineau will have 10 minutes remaining after question period.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 3:35 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, it is always a little irritating for those who are watching us and were here for the first part, but not the second part, or vice versa.

I was explaining that this government has aborted this, so to speak, in the sense that the Conservatives have not mentioned the Bedford decision much. They quoted one line from the decision to justify their Bill C-36.

It is important for hon. members in the House to clearly understand what the Supreme Court of Canada said about the three sections in question, those challenged by the claimants and the respondents/appellants on cross-appeal. According to the Supreme Court:

The impugned laws negatively impact security of the person rights of prostitutes and thus engage s. 7…The prohibitions all heighten the risks the applicants face in prostitution—itself a legal activity.

Earlier, I heard one of my colleagues in the House say that she was very pleased to hear that prostitution is now illegal. However, Bill C-36 does not go that far. With all due respect to the Conservatives and some other members, the bill before us does not make prostitution illegal.

The Conservatives left a few little loopholes because they know that this bill may also be a problem. It would be interesting to debate the issue of whether prostitution can be made completely illegal in Canada. I am going to do as the courts and judges would do: I am going to reserve judgment because the question is not before the court. The Supreme Court ruling goes on to say:

They do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky—but legal—activity from taking steps to protect themselves from the risks. That causal connection is not negated by the actions of third-party johns and pimps, or prostitutes’ so-called choice to engage in prostitution. While some prostitutes may fit the description of persons who freely choose (or at one time chose) to engage in the risky economic activity of prostitution, many prostitutes have no meaningful choice but to do so. Moreover, it makes no difference that the conduct of pimps and johns is the immediate source of the harms suffered by prostitutes. The violence of a john does not diminish the role of the state in making a prostitute more vulnerable to that violence.

...compare the rights infringement caused by the law with the objective of the law, not with the law’s effectiveness. That is, they do not look to how well the law achieves its object, or to how much of the population the law benefits [or harms]. The analysis is qualitative, not quantitative. The question under s. 7 is whether anyone’s life, liberty or security of the person has been denied by a law that is inherently bad [that is the heart of the matter]; a grossly disproportionate, overbroad, or arbitrary effect on one person is sufficient to establish a breach of s. 7. [The test is stringent.]

...the negative impact of the bawdy-house prohibition (s. 210) on the applicants’ security of the person is grossly disproportionate to its objective of preventing public nuisance. The harms to prostitutes identified by the courts below, such as being prevented from working in safer fixed indoor locations and from resorting to safe houses, are grossly disproportionate to the deterrence of community disruption. Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes. Second, the purpose of the living on the avails of prostitution prohibition in s. 212(1)(j) is to target pimps and the parasitic, exploitative conduct in which they engage. The law, however, punishes everyone who lives on the avails of prostitution without distinguishing between those who exploit prostitutes and those who could increase the safety and security of prostitutes, for example, legitimate drivers, managers, or bodyguards.

I was a little worried by some remarks I heard on panels I participated in. The Parliamentary Secretary to the Minister of Justice in particular suggested that, at any rate, a brothel, even though it is kept by people who are consenting, is not a place we want to see, that it is a nuisance and a form of exploitation. That is not quite what the Supreme Court tells us.

It also includes anyone involved in business with a prostitute, such as accountants or receptionists. In these ways, the law includes some conduct that bears no relation to its purpose of preventing the exploitation of prostitutes. The living on the avails provision is consequently overbroad. Third, the purpose of the communicating prohibition...is not to eliminate street prostitution for its own sake, but to take prostitution off the streets and out of public view in order to prevent the nuisances that street prostitution can cause. The provision’s negative impact on the safety and lives of street prostitutes, who are prevented by the communicating prohibition from screening potential clients for intoxication and propensity to violence, is a grossly disproportionate response to the possibility of nuisance caused by street prostitution.

I have often heard that from sex workers. They told us how important it is for them to communicate. As strange as it may seem for those who are not part of that industry and have never even gone anywhere near it, it is important for those women to be able to have a kind of reference system. In some places, they talk to each other in order to make sure that they are not putting their lives in danger.

The law is therefore not minimally impairing. Nor, at the final stage of the s. 1 inquiry, is the law’s effect of preventing prostitutes from taking measures that would increase their safety, and possibly save their lives, outweighed by the law’s positive effect of protecting prostitutes from exploitative relationships. The impugned laws are not saved by s. 1.

Allow me to quote the Supreme Court's most important conclusion. The government always likes to read this sentence and this sentence only: “It will be for Parliament, should it choose to do so, to devise a new approach…”. Sometimes, it says the rest of the sentence very quickly: “…reflecting different elements of the existing regime”.

In fact, however, the paragraph reads as follows:

Concluding that each of the challenged provisions violates the Charter does not mean that Parliament is precluded from imposing limits on where and how prostitution may be conducted, as long as…

This is the most fundamental point. The Supreme Court of Canada has not told the government that the Minister of Justice can do whatever he likes and that as long as he comes up with something different from what is in the current Criminal Code, it will be fine, that is his perfect right. That is not what the Supreme Court said. It says that it is not precluding the government from imposing limits on where and how prostitution may be conducted, as long as it does so in a way that does not infringe the constitutional rights of prostitutes.

As a result, since setting limits on prostitution is a complex and delicate subject, it is up to Parliament to act, should it choose to do so. That is the door that the Supreme Court has left wide open for Parliament. The Criminal Code already includes provisions prohibiting the exploitation of minors. We are going to hear a lot of talk about that from the Conservative benches, since they will want to prohibit that. However, it is already in the Criminal Code. Given that human trafficking is prohibited by the Criminal Code and that it has been recently improved with the bill that my colleague from Kildonan—St. Paul introduced, we can refine it all.

The Supreme Court did not necessarily require the government to introduce something in the coming year. However, if it did not do anything, the three sections deemed unconstitutional would die a natural death because they put the health and safety of sex workers in danger.

What did the government do? It took a hammer and started hammering at random, saying that it would make a few changes so that everyone would think it was solving the problem with prostitution. I would have liked to at least feel that the Conservatives took this seriously when the minister talked about $20 million during his press conference.

I remember the discussions I have had with people from the Women's Coalition for the Abolition of Prostitution. They told me how important it was. I want to quote Kim Pate, who is a member of the coalition:

Decriminalizing the women and holding accountable the men who buy and sell women and girls means nothing if women's economic, racial and social inequality is not addressed.

The Conservatives are still criminalizing prostitutes and investing a measly $20 million. It is ridiculous.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 3:45 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, that is the most creative speech I have heard on the subject for a very long time. I realize that in 2004 the member opposite was a Liberal and then decided to be an NDP candidate in 2006. She does not keep up with the NDP policy. For instance, the NDP premier and the NDP justice minister in Manitoba have highly endorsed everything. The justice minister asked for criminalizing the purchasers of sex, continuing to criminalize the activities of those who prey upon the victims, and providing meaningful support to the victims. That is everything that we have in Bill C-36.

When I listened to the speech, it brought back to memory Mrs. Emerson from Gatineau. She trafficked three girls and got seven years for doing that. There are a lot of people in the member's area who strongly support Bill C-36. Today, there are a lot of people listening. What about the members of her caucus? I know some of the members of her caucus fully support this bill. Could you talk to me about the challenges that you have in your caucus--

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 3:50 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

Order, please. I do have to remind the hon. member for Kildonan—St. Paul not to use the second person, but the third person, to go through the Chair.

The hon. member for Gatineau.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 3:50 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I thank my colleague for her question.

I appreciate that she opened the door for me to talk about Manitoba's justice minister. She said that my speech was creative, but she should be addressing her compliments to the Supreme Court, since my speech focused on the ruling and I quoted some important passages. She is therefore calling a speech based on the Supreme Court ruling creative, but it was essentially just copying.

I found it rather strange to see a letter from my colleague that said:

“support from Manitoba government”.

It is funny, because I have had conversations about this. In fact, the minister of justice of Manitoba sent a letter on February 5, but it is now June 12. The member tables a letter that states, “We, in Manitoba, support the Nordic model.” When I asked questions this morning, they made a point of saying that it was not a Nordic model, but a made-in-Canada model.

Moreover, I look forward to hearing from Minister Swan of the New Democratic Party of Manitoba. I will let him scoop himself on Bill C-36 because he very clearly said that under no circumstances should prostitutes be criminalized and that ways to get them out of prostitution need to be provided for.

Two things he asked for are not there. I will not say how I would describe using his letter to make members of the House believe things, because I have too much respect for the member.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 3:50 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Mr. Speaker, I thank my colleague on the justice committee for her speech and for reminding us that this all arose out of the Bedford decision and for reading back to us the portions of the Bedford decision to refocus the discussion.

She indicated in her speech that she has heard from advocates for decriminalization and has heard from advocates for the Nordic model. I am sure she would agree that what we have before us is neither. The made-in-Canada amendments bring what may have been a Nordic model starting point much closer to a made-in-Moscow bill.

Could the hon. member comment on the made-in-Canada sledgehammer that has been added to the Nordic model, and why that offends what the Supreme Court of Canada had to say?

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 3:50 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I will respond along the same lines. I am pleased because it gives me an opportunity to say a little more. A 20-minute speech is not long, especially for me. Therefore, the 10-minute question period allows me to expand on what I said.

I agree with him that we are not talking about one approach versus another. After reading Bill C-36, all the groups I met with agree that we need to get women out of drug addiction and poverty, which they do not always get into by choice. Sometimes they cannot help it. That is what we should work on.

All the Canadian groups that I heard agree that the government has really taken the worst route. The official opposition is not alone here. From what I have read, it seems that things did not go well within the Conservative caucus because they also have different opinions.

We have to stop all the posturing and focus on the real problem: the safety of sex workers. That is the message of the Bedford decision. At the same time, we have to work to get women out of poverty. If anyone can tell me with a straight face that he thinks the Conservative government's mission is to get women out of poverty, you will be able to knock me over with a feather.