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 appreciate that all of us have our hearts in the right place in this House, which is why we come here. We come here to represent the diversity of Canada, and so it is not a question of someone here having their heart in the wrong place.

I would say, with respect, that the Supreme Court gave Parliament a year to come up with a new approach. Nothing in that says that we cannot ask it if this new approach meets the test in Bedford.

Cabinet always has the right, in our legal system, to refer a matter directly to the Supreme Court in advance. Nothing prevents us from checking at this point. As I said before, if the government thinks the bill is constitutional, then it should then be very happy to send it off, get a ruling, and then proceed.

The member said that I told sex workers that they could be arrested in any public place, and I want to go back to that. When I got the call, I had not even read the bill. They told me what was in the bill; I did not tell them what was in the bill. However, the impact of the bill is plain for them to see.

I have the greatest of sympathy for people who have been trafficked or who end up involved in violence and death as a result of their involvement in the sex trade. My sympathy is no less than anyone else's in this House. However, I think we have to be careful in making policy by selecting the most extreme cases.

In my riding, the PEERS organization works with 450 women who are involved in the sex trade. They are a representative sex worker-run organization, and their concerns need to be taken very seriously.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I very much appreciated the comments put forward by my colleague from the NDP.

The government has maintained that the proposed legislation is in compliance and satisfies the Supreme Court Bedford ruling. A lot of people do not agree with the government in that case.

When the Conservative member for Cumberland—Colchester—Musquodoboit Valley was speaking to some party faithful in Parrsboro just last week, he said the Conservatives will not put up with the Supreme Court decision. This was the comment he shared, which no doubt was a little home cooking for the base. However, he went on to say, “We don't care what the constitutional lawyers say”.

Does this sort of peel back the veil on what has been put forward by the government? Does my colleague believe that this peels back the veil and tells us what the legislation is really all about, which is to appease the Conservative base?

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

Mr. Speaker, it does not serve much purpose for me to speculate today on the motives on the other side. I am really talking about the content of the bill.

As the member pointed out, the government seems to believe that the bill meets the constitutional tests set out in the Bedford case. Therefore, I would like to see the Conservatives refer it to the Supreme Court to find out if they are right or not.

We have seen some signs of disrespect for the court system from some members on the other side of the House, but I would hope that is not a general pattern. One of the ways they could demonstrate that is by sending this proposed law to the Supreme Court to get a ruling before we engage in long and involved legal wrangling and spend thousands of dollars that could better go to benefiting sex workers involved in the trade than to lawyers and court processes.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I thank my hon. colleague for his very thoughtful presentation and for his years of service in both orders of government. It is very appreciated, and he has brought actual on-the-ground experience to share today.

I too have been reaching out to people in my community. I have met with a series of groups of sex workers. I have also met with an incredible organization, the Centre to End All Sexual Exploitation. As this organization, CEASE, reviews the bill and looks at it more carefully, it is shifting its initial perspective. Initially members of CEASE were very excited that the government had come forward and was providing some money to support their efforts. They work diligently to support sex workers and to try to work with those who are purchasing sex, explaining to them that in many circumstances they are putting women or men or children at risk in trafficking and trying to get them to understand the risks inherent in the trade.

It was deeply troubling to hear, in a question from the other side to my hon. colleague, the suggestion that the court just said to come up with something that would work. That is not actually what the Supreme Court said. It said very clearly that there would be a problem if legislation infringes article 7 of the Charter of Rights and Freedoms.

I keep hearing concerns expressed about section 15. We keep hearing this invention of what the government thought this section might mean, but when we actually read the provision, we see that it puts a lot of sex workers at risk.

I wonder if the member could speak to that aspect in relation to the very workers he is talking about. Of course, he comes from the land of Pickton. Is this bill putting these very kinds of victims at greater risk?

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

Mr. Speaker, I will say to the member for Edmonton—Strathcona the same thing I said earlier. I want to avoid the dramatic today. I want to avoid the other parallels and just say that I am not claiming to have done great work with the PEERS organization myself. I am claiming to benefit from the great work that they have done in my community and from their advice in saying to me very clearly that they believe that the bill puts their lives at risk. For that reason, I will be voting against the bill.

[The Deputy Speaker, Joe Comartin]

Is the House ready for the question?

[Some hon. members]

Question.

[The Deputy Speaker, Joe Comartin]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Deputy Speaker, Joe Comartin]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Deputy Speaker, Joe Comartin]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Deputy Speaker, Joe Comartin]

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to order made on Tuesday, May 27, 2014, the division stands deferred until Monday, June 16, 2014, at the expiry of the time provided for oral questions.

The House resumed from June 12 consideration of the motion 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, be read the second time and referred to a committee.