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.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

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?

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

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.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

Is the House ready for the question?

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

Some hon. members

Question.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

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

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

Some hon. members

Agreed.

No.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

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

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

Some hon. members

Yea.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

All those opposed will please say nay.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

Some hon. members

Nay.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:25 p.m.
See context

NDP

The Deputy Speaker NDP 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.