Bill C-36 (Historical)

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 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.

Protection of Communities and Exploited Persons Act

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Mr. Speaker, I listened carefully to the comments by the hon. member for Malpeque.

I wonder if the member shares my concern that this legislation is likely to be thrown out by the Supreme Court. It is going to make sex work more dangerous, and there will be a whole bunch of harm done in the period of time of maybe two to four years before this question is back before the Supreme Court.

Does the member share that concern?

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I work with this particular member on the public safety and national security committee, and I will admit that over time I have begun to realize that we do share many of the same concerns.

He is absolutely right in this case. I do not know if the Department of Justice or the ministers or the government backbenchers on the other side just did not allow themselves to meet with people who are in the sex trade because they are opposed to it—and it is acceptable to be opposed to it, for sure—but these individuals in the sex trade are fearful of what this bill would do. It would drive prostitution, the sex trade, underground, make it much more risky for those individuals involved, and certainly risk their public safety.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, the member spoke of the analysis that took place during committee. I was wondering if he could provide more detail on that analysis and on what was provided, especially regarding any pending judgments by the Supreme Court on this particular piece of legislation.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I will quote from the analysis:

The concern of the Charter and the Court is not whether prostitution is good or moral, the concern is the right to safety of all Canadians, which the Charter enshrines. C-36 also creates some new issues of constitutional validity.

At the House Standing Committee on Justice and Human Rights, legal experts suggested that there are a number of charter issues. They relate to life, liberty, and security of the person; they relate to equality rights; they relate to freedom of expression; they relate to the presumption of innocence; and they relate to cruel and unusual punishment. Legal people have all identified those areas as concerns with regard to constitutionality.

I would like to make one other point. One of the members from Manitoba spoke on human smuggling and the fact that some people are forced into the sex trade. That is absolutely true, and that is repulsive.

I did a study on human smuggling and individuals who get forced into the trade. The problem is that be as it may, this bill would not prevent that from happening. In fact, the bill would worsen the safety of those individuals, and that is what we have to be concerned about.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I wanted to pick up on what my friend from Esquimalt—Juan de Fuca talked about in terms of the constitutional provisions, or lack thereof, in this bill.

We have asked the Minister of Justice a number of times in the House of Commons to provide Canadians with any evidence that this measure has been through a constitutional check. For those watching, the reason this is so important is that the current government has become very good at writing laws that are unconstitutional. We go through the whole exercise of drafting these bills and going through the committee process, where the Conservatives ignore the witnesses and ram the bill through anyway. Then, lo and behold, it gets a constitutional challenge, a charter challenge, and it fails.

If the minister is so concerned about all the victims of this particular crime, then we would think he would want to have legislation that would improve their lives and their lot in life. That means they need legislation that actually becomes law and maintains itself as a law.

This question is for my friend. Did the committee at any point see evidence from the Government of Canada, the Conservative Party, that shows that this bill would in fact survive a constitutional check and actually become law in this country, and remain there?

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, no, I certainly have not been made aware of that constitutionality reference or check.

The member for Esquimalt—Juan de Fuca is absolutely right. That constitutional reference would have ensured that this House of Commons would pass a measure that is likely not to be turned down by the courts and do it right, a measure that would not, as the member said earlier, put the safety of individuals in greater jeopardy for several years.

I would actually make the accusation of the government that it is doing this for political purposes, because it sounds good. The Conservatives are doing it for political optics, and in the process they are risking the safety and security of individuals, people whom they may not like but who are Canadians regardless.

[Erin O'Toole, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, it is my honour to rise today to speak to the House on Bill C-36, which, as members of the House know, is the government's response to what is known as the Bedford decision. That is a decision of the Supreme Court from last December that struck down several Criminal Code provisions related to prostitution, such as solicitation and living off of the avails.

It seems that my friends in the House, rather than looking at the substance of this bill, started looking at future charter challenges. They should look at what the Supreme Court did. In fact, it invited Parliament to step in and fill the void caused by its striking down of some of these provisions under the charter. It gave Parliament one year to come up with adequate rules to address the social harms that are caused by prostitution.

All members of the House would agree that when it comes to human trafficking and exploitation, there are vast and immense risks for Canadians within prostitution and the sex trade. It is important for Parliament to make sure that the public good and public safety are protected.

What happened was the creation of the Canadian model. After consultations within the department, with stakeholder groups, and with people who have worked with women who have left the sex trade, the Canadian model was our government's response to the invitation from the Supreme Court of Canada to make laws to protect vulnerable Canadians.

I will take a few moments to talk about the main pillars of Bill C-36, which is our response.

First, it would criminalize demand. This is recognizing that in the vast majority of cases, the prostitutes—mainly women, but some young men as well—are victims. Law enforcement resources and criminal justice resources should not be focused on them but on exploitation, so the first pillar is to try to stem demand by focusing on the johns and criminalizing that activity.

The second is to criminalize exploitation in prostitution. We have heard some members of Parliament talk about human trafficking, the traditional pimps, and the people who lure young women into this trade and entrap them in it.

The third is a restriction on advertising sexual services and their sale. An important distinction in the Canadian model is the criminalization of communication in public places for the purposes of prostitution when children could reasonably be expected to be in those public places. This bill would ensure that certain public areas would not see the sex trade on a daily basis.

There are increased penalties for child prostitution. I am sure that all members of the House agree with that provision of Bill C-36.

There is a clear message in the bill to immunize prostitutes and sex workers themselves, recognizing, as I said earlier, that most often they are victims in this trade.

Finally and, perhaps, most importantly, the seventh pillar that I take from Bill C-36 is direct aid. There would be $20 million to begin with to help with transitional work for some of the vulnerable people who feel that there is no way out of the trade that they might have been lured or exploited into. Some of the exceptional Canadians, volunteers, and groups working with them would receive this money to help people transition.

My friend from Malpeque said that this bill does not see the reality of the world. Some of the MPs in the NDP seem to think that this measure is bound to be struck down at a future date by a court because it is a Conservative ploy or some political ploy. If those members of the opposition actually looked at the substance of Bill C-36, they would see that Canada is not really out of step in trying to deal with the harms of prostitution.

In many ways, the Canadian model builds on the Nordic model, which was introduced in Sweden in 1999 and followed subsequently by Norway and Iceland. These are European countries we have strong relationships with, free and democratic societies that have tried to address the social harms of prostitution through a model that criminalizes the demand and goes after the exploiters, not the women.

In 2014, the EU and the Council of Europe actually recommended the Nordic model, on which our model in Bill C-36 is clearly heavily based, to all member countries, so I would suggest that the NDP and Liberals are the ones who need to hit the reality of the world when it comes to how to address the evils and the harms caused within the sex trade.

The bill is supported by leading figures among those who try to deal with human trafficking and exploitation. It is supported by many people who work as advocates in abuse centres and rehabilitation shelters. The Canadian Police Association firmly supports it.

Members of Parliament have been reaching out and talking to stakeholders. I met with sex workers to hear their perspective. They were very earnest in their presentations to me, and I appreciated that. I also listened to law enforcement and researched the Nordic model, as every MP should.

I would like to thank a constituent of mine from Newcastle, Tony Ryta. I have had several exchanges with Tony, a 32-year veteran with the Toronto Police Service who for decades worked with vulnerable women on the streets in Toronto. He sees the Canadian model that we are bringing in response to the Bedford decision as a way that will reduce harm. That should be all parliamentarians' goal in this place. I would like to thank Tony, law enforcement workers from across the country, and people working in shelters and with abused women for their work in getting vulnerable Canadians out of this trade.

Finally, this topic goes to the root of parliamentarians as Canadians. I am the MP for Durham, but I am also a proud father of an eight-year-old girl, who is the apple of my eye. I cannot stand in the House and say that there is any public good in creating and promoting a legalized sex trade. In fact, it is abhorrent to suggest to young women that the sex trade should be an industry that is worth consideration. I want my young daughter to sit in the House one day, perhaps on the front bench, to go further than her old man.

Young women can do anything in this country, and supporting the normalization of sex work is not in the public good.

It reminds me of philosopher John Stuart Mill, who said, “No person is an entirely isolated being”. Ms. Bedford and a few sex workers who may feel that they are empowered and that there are no social harms from their participation in the sex trade do not speak for homeless aboriginal youth in Winnipeg. They do not speak for abused women who have been forced into sex work by pimps, in some cases by ex-boyfriends. They do not speak for the vulnerable, and the vulnerable are the vast majority of people drawn into prostitution.

As parliamentarians, it is our duty to ensure that our response to the Supreme Court decision in Bedford is a response that reduces harm and that discourages people from going into a practice that has drugs and crime at its centre. I once again say that I do not think our response as a Parliament should be to normalize the sex trade as an option for many of our young people and young women. That is certainly not why I ran for Parliament.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I have what I consider to be a rather pertinent question for my colleague.

From his speech, we can see that he truly believes that criminalization will actually help eliminate prostitution. I personally do not believe that to be true. There are many things that are against the law but are done anyway in our society. I do not think the bill will fix things. In my opinion, the only thing it will do is make people working in prostitution even more vulnerable. How are we going to protect these people?

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, our laws are there for a variety of reasons. We have laws on the books that are broken, Violent offences, like murder and manslaughter, still take place, but what laws represent is, in many ways, an attempt to discourage these activities, to show society's condemnation of some conduct. In this case, we are trying to show condemnation of exploitation around prostitution.

Will it root out every case? Absolutely not. I would be foolhardy to even suggest that.

However, this approach, the Canadian model, looks at the successes and the approach that many countries with similar economies, similar populations, like Sweden, Norway, Iceland, and others, have tried to take to reduce the social harm.

Will it eradicate it? No, but I think it is a responsible response from this government to the Bedford decision.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I would like to ask the hon. member opposite a question about the fact that approximately a year ago, France's national assembly passed identical legislation. When the bill, which criminalizes the purchase of sexual services, went to the upper house—the French senate—it rejected the key provision, criminalization, and sent the bill back to the national assembly.

The member said that other countries similar to Canada have legislation or are going in the same direction as this legislation. However, the French senate recently looked at the key provision and realized that it was absurd and should be withdrawn from the legislation.

Can the member explain to us how Canada's approach is the same as the one being used by other countries that have similar problems?

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I think the member's discussion of France and the French experience shows that each country is trying to address the harms inherent in prostitution in a variety of ways.

This model, Bill C-36, is very similar to what Sweden, Norway, Iceland, and some others have tried. As I said in my remarks, the Council of Europe actually recommended it for its wider 47 members, as an attempt to reduce harm and to get at exploitation, specifically. It is not a perfect solution, but it is one that has been studied carefully to try to minimize the demand for services that has led to exploitation.

I would also add that we have made it a critical part of Bill C-36 that transitional funding, $20 million, would be there to help people to transition out of sex work. This is a critical part of this discussion. We have to show the vulnerable that there are alternatives and we have to support groups who are already helping people make that transition.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am pleased to be speaking today about the government's response to the Bedford decision and its amendments to sections of the Criminal Code concerning prostitution.

The summary of Bill C-36 says the following:

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;

As I said earlier when I asked my colleague a question, there will always be things that are against the law but are done anyway in our society. This bill does not necessarily provide a solution because this is not how we are going to get rid of prostitution. That will never happen.

I think that in this type of situation, it might make more sense to take a harm reduction approach instead of a repressive approach like the one the government has proposed.

In addition, this bill flies in the face of the Supreme Court decision and the Charter of Rights and Freedoms. The Supreme Court asked the minister to go back to the drawing board and find a real solution. Based on my reading of this bill, I can see that the minister did not do that. In fact, he even said that he expects this bill to be challenged in court. This is really messed up. I do not understand how we even got to this point considering the number of options that could have been explored and the number of things that could have been done. There have been so many discussions about all of this that I just do not understand how we got to this point.

Many legal experts were consulted, along with stakeholder groups, sex workers, and authorities with an interest in this bill. Over 75 witnesses appeared before the committee. How did we even get to this point when most of the witnesses said that they do not believe in this bill?

When it comes to this bill and to many of the bills that have been introduced in the past three years, I have to wonder why the government is not listening to the experts. Why is it not listening to the people who are actually in the situation? I do not understand, and as an MP, I take issue with this. The minister should have gotten the information he needed and consulted people. That would have been to his credit. It is easy to consult people, to sit down with them and listen to them, but what is the point if the government does not really listen and just pushes the agenda it had from the start? It is easy to say that people were consulted, but nothing was done as a result.

We on this side of the House are pretty unanimous. We all agree that the measures announced by the Conservatives to help prostitutes get out of prostitution are grossly inadequate. They do not address the real problem. As I was saying earlier, this new bill creates new offences related to prostitution, specifically purchasing sexual services, receiving a material benefit, advertising sexual services and communicating for the purpose of selling sexual services in a public place. In my opinion, the real problem is that people who work in the sex industry are being more and more marginalized.

As I said earlier, there are many illegal things that are done in our society in any case. We cannot get around that by simply criminalizing everything. This reminds me of the prohibition period in the United States. In the 1930s, there was a huge spike in smuggling and alcohol-related problems. As soon as prohibition was lifted, the problems died down. In the end, people realized that the law was unnecessary. The situation we are in right now is similar, for the Conservatives want to marginalize men and women who really could use a helping hand. We also need to remember that some people are in it by choice. I think we need to respect that.

One of the measures announced was a $20 million investment to help prostitutes get out of the sex industry, but that is not enough to solve everything. Concrete action is needed. We need to properly consult the people involved. What do these people really need? Do they want to get out or are they there by choice? Where are we headed? This bill does not address these questions at all.

We also need to commit significant resources: income support, education and training, poverty alleviation, which I can never stress enough in this House, and substance abuse treatment for those in this group.

Rather than taking an approach that further marginalizes people who are already vulnerable, the government should instead work in partnership with those people to bring in a strategy to protect and support the men and women who are in this situation.

What we need is a nationwide discussion and genuine consultation on prostitution, on women's safety and on the fight against organized crime. That is what needs to be tackled.

According to Statistics Canada, 156 prostitutes have been murdered since 1991. That is 156 too many. If the practice were a bit more regulated, this type of crime could likely be prevented or at least reduced.

It is much more difficult to obtain recent statistics on other crimes related to prostitution, such as assault and rape, because the people involved are marginalized. It is like trying to collect statistics on homelessness. It is more difficult because these people do not always fill out a census form.

However, John Lowman, a professor at Simon Fraser University and expert on prostitution, has indicated that the data on crime against prostitutes are overwhelming. This type of crime is the problem that we need to deal with.

Forcing these women deeper into the shadows will put them in even more danger and these numbers will grow. That is not what we want. The government needs to protect its citizens, particularly the most vulnerable among them, as is the case here.

Prostitution has always existed and it will continue to exist, whether we are for or against it. We therefore need to regulate it and protect the health and safety of these workers.

In my opinion, Bill C-36 fails to do that and puts many lives in danger.

[Mark Warawa, Conservative, Langley, BC]

Mr. Speaker, I listened intently to my colleague across the way and she is focused on sex trade workers being marginalized. There are different models around the world and some have been somewhat successful, like the Nordic model. Canada's proposal is similar to the Nordic model, in that it focuses on the johns and the pimps as opposed to the prostitutes. It is one of the few models that actually work, in that it makes it much safer. It still is a very high-risk vocation. As the member pointed out, it likely would never disappear.

However, I have heard from a number of my constituents who support the Nordic model and have encouraged Canada to consider the Nordic model. Our government has a made-in-Canada model, but it is very similar. Would the member support the Nordic model and if not, why not?

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I would not support such a model. As I said in my speech, I am much more in favour of harm reduction than repression. I do not believe that repression can work in a society, either from a safety perspective or from a perspective of preventing the marginalization of the most vulnerable individuals.

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

Mr. Speaker, I very much appreciated my colleague's speech. I think that her conclusions are of particular interest. We often hear from the other side of the House that the bill before us is based on the Nordic model. Quite frankly, that is far from the truth. It is outright criminalization of prostitution. Unfortunately, the bill does not in any way respond to the Supreme Court ruling.

I was wondering whether my colleague could comment on the fact that the Conservatives are not listening to the Supreme Court. The NDP has said many times that we should respect Supreme Court rulings and rely on them in order to take the right approach when drafting our bills.

Does my colleague agree that the bill before us does not reflect the Supreme Court ruling and requires drastic changes to gain the support of Canadians?