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 readingRespect For Communities ActGovernment Orders

June 17th, 2014 / 4:40 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, Bill C-2 was first introduced in June 2013, a little over a year ago, as Bill C-65 and came back to the House as Bill C-2 in October.

I am proud of the fact that about 50 members of the NDP caucus have spoken to this important legislation. However, I am ashamed to say that what we have heard from the government side is divisive debate. From day one the Conservatives have portrayed the issue of respecting the Supreme Court of Canada's decision on safer injection sites in Canada as a black and white issue.

I go back to January 27 of this year when the government House leader told the Hill Times that he will tell people that opposition parties want drug injection sites to be established in their neighbourhoods without people having any say. He then talked about the extreme position that the NDP was taking. Nothing could be further from the truth.

For the government House leader to portray our discourse on this legislation in that manner shows first, how the Conservatives like to create division and fear among people, and second, that they know absolutely nothing about North America's only safe injection site, which is located in Vancouver's downtown east side and called InSite. The fact is that InSite was set up over 10 years ago after extensive consultation with the local community.

The Supreme Court of Canada ruled that InSite and other supervised injection sites must be granted Section 56 exemptions under the Controlled Drugs and Substances Act when they “decrease the risk of death and disease, and there is little or no evidence that it will have a negative impact on public safety....”

Upon reading the decision of the Supreme Court of Canada it is clear that it understood the arguments that were being made by the litigants, that this was a health measure, that it was about saving lives and that it was about preventing people from needless drug overdoses. Over the past 10 years, InSite has gone on to become incredibly successful and has helped improve the health and well-being of many people. It has saved literally countless lives in the Downtown Eastside.

Over 30 peer review studies have been done on InSite. It received its first exemption in 2003. From the extensive research that has been done since it opened, Vancouver has seen a 35% decrease in overdose deaths. Furthermore, InSite has been shown to decrease crime and communicable disease infection rates and relapse rates for drug users. That is quite remarkable. NDP members have always said that InSite is just part of the solution; it is not the only solution.

It is quite remarkable that this facility has been able to accomplish so much. One would never know that after hearing the speeches from government members. One would think it was just about chaos and law and order, that it was about imposing something on a community.

InSite did get a further exemption under the act for another year. I want to put firmly on the record that InSite has done a remarkable job in Vancouver.

I would also note that over those 10 years, organizations like the HIV/AIDS Legal Network, the Canadian Drug Policy Coalition, the Canadian Medical Association, and the Canadian Nurses Association, never mind the 30-plus peer review studies, have all come out firmly on the side of evidence that InSite is about saving lives. They came to this conclusion upon their analysis of how InSite is operated. They have been critical of Bill C-2 because they know, as we know having examined the bill, that it is really about setting the bar high. So much discretion and subjectivity is given to the minister that it would be very easy for her on flimsy, non-evidence-based opinion to turn down other applications across Canada.

That is the fundamental problem with this legislation. At the end of the day, Bill C-2 would not meet the test of the Supreme Court of Canada's decision on InSite.

Again we have a familiar pattern, as we just saw with Bill C-36 on the laws pertaining to prostitution. We have a government that is bent on its own ideological agenda and refuses to examine the evidence before it on some of these very important measures that pertain to safety, health, and well-being.

Just to show how important this facility is and that others across the country could provide the same kind of service, in Vancouver, on June 4, I happened to notice an item in the paper that said, “Vancouver Police are issuing a public warning after officers responded to seven reports of suspected heroin overdoses in the Downtown Eastside in the span of a day”. Clearly, there was some really bad stuff on the street and people were really suffering.

The article further stated, “Sgt. Randy Fincham said active drug users need to be 'extremely cautious' and to visit Insite”. There we have it. Even the Vancouver Police Department recognizes that InSite has been a very important health and safety measure for drug users. It provides a safe place to inject, and there is medical supervision and support when it is needed so that people do not die by overdose. As is said so often in the Downtown Eastside, dead people cannot get treatment. I find it very interesting that local police are actually telling people to make sure they go to InSite to take advantage of its services so people can have the medical support and safety that is required.

New Democrats believe that the provisions of this bill before us are very onerous and very partisan. This led us to suspect what research had actually been done in preparing the bill. I put a question on the order paper back in October of last year and asked specifically what kind of consultation the government had conducted before it brought the bill in, particularly for front-line service providers, medical research professionals, and so on. The response that I got from the government, in part, said, “In the development of the proposed legislation, Health Canada consulted with Public Safety Canada, Justice Canada, the Public Health Agency of Canada, the Canadian Institutes of Health Research and central agencies”. Basically, nobody on the government side actually bothered to talk to the people who are providing the service.

I know that not one Conservative minister of health that I visited and spoke to about InSite over the past years has visited InSite. There is a complete lack of knowledge about what this facility does. I am very concerned that with this bill the minister will confer on herself enormous discretion and power to make decisions based on political opposition and not on the merits of what is what is taking place in the local community and how such a facility can help a population that is very much at risk and marginalized.

There are a couple of other points that I want to make. A very important one is that there was the recent passing of a very wonderful activist, Bud Osborn, a poet, and pioneer at InSite in Vancouver's Downtown Eastside. He was much beloved in the neighbourhood, a former drug user himself. He understood from the very beginning, through the poetry he wrote and the words he spoke to people, how important this facility was in fostering a united community, where people were not divided between good and bad.

I want to pay tribute to the remarkable life and work of Bud Osborn and what he did not only in my community but across the country. He became a hero to many people for his courageous, outspoken way of putting the truth before people. He convinced politicians of all political stripes and met with the Minister of Health here in Ottawa a number of years ago, as well as the media, lawyers, prosecutors. He had an enormous amount of influence in my community because he spoke the truth from his own experience and believed very strongly that InSite was a lifesaving measure.

As this bill goes to committee, I want to say that New Democrats are very distressed that it is going to the public safety committee and not the health committee. It seems completely in conflict with what the goals of this bill should be in terms of a necessary health measure. We know that the bill is heavily weighted against the acceptance of these medically necessary services, so we will be demanding that there be a thoughtful and thorough review of the bill.

There have been a lot of scientific studies. We need to debunk the myths, the misinformation, and the rhetoric that we have heard about safer injections sites from the government side. When the bill gets to committee, I do hope very much, as we have said earlier today, that there will not be a censor of the witnesses, that there will be a thorough review and that we can make sure that the bill does indeed meet the test of the Supreme Court of Canada.

Bill C-2—Time Allocation MotionRespect For Communities ActGovernment Orders

June 17th, 2014 / 3:25 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, it is interesting to see how the government House leader acts in sort of a flippant and dismissive way when he reads this motion. It is no wonder, as this is the 74th time since 2011 that the government has introduced closure on a piece of legislation before the House. That means that most of its legislation has been rammed through, forced through by closure, because it cannot bear to have a proper comprehensive debate in the House of Commons by members of Parliament from all parties on any government legislation. It is bent on the idea that it has to ram it through.

Bill C-2, which is an amendment to the Controlled Drugs and Substances Act, is a particularly important bill because it follows a decision of the Supreme Court of Canada concerning safer injection sites in this country. As we have seen with other legislation, most notably Bill C-36 recently, which also has to do with a decision of the Supreme Court of Canada concerning laws pertaining to prostitution in this country, this is yet another bill in this House that basically does not stand the test of the decision of the Supreme Court of Canada.

I would ask the minister why the government has decreed that this bill will not go to the health committee where it should go, because it is a matter pertaining to the health and well-being of Canadians who are very much at risk and who have been marginalized, rather than going to the public safety committee. That demonstrates the conclusion that the government sees this as just another law and order measure, as opposed to a measure that is affecting the health of people. Why were people not properly consulted on this bill, such as front-line service workers, so that we would have the benefit of that in terms of debating the bill? Why will it now go to the public safety committee instead of where it should be going, which is for a thorough examination at the Standing Committee on Health?

Criminal CodePetitionsRoutine Proceedings

June 16th, 2014 / 4:45 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I have 3,709 signatures on a petition today asking the government to amend the Criminal Code to target the johns and give support to those who desire to leave prostitution. It is a shame that a few minutes ago, opposition parties voted against Bill C-36.

Protection of Communities and Exploited Persons ActGovernment Orders

June 16th, 2014 / 3:05 p.m.
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Conservative

The Speaker Conservative Andrew Scheer

Pursuant to an order made on Wednesday, May 27, 2014, the House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-36.

Call in the members.

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.

JusticeOral Questions

June 16th, 2014 / 3:05 p.m.
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Central Nova Nova Scotia

Conservative

Peter MacKay ConservativeMinister of Justice and Attorney General of Canada

Mr. Speaker, I thank the hon. member for her long-standing interest in this subject, to protect vulnerable Canadians and to protect communities. Those are the two goals, certainly among others, found in Bill C-36.

We intend to meet the deadlines that have been set by the Supreme Court in the Bedford decision and to do so in a way that we believe will improve the lives of those who choose to leave prostitution. We have put parameters in place designed specifically to protect the community, children in particular.

We hope that all members will support this effort, which will make Canadians safer.

JusticeOral Questions

June 16th, 2014 / 3 p.m.
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Independent

Maria Mourani Independent Ahuntsic, QC

Mr. Speaker, people are saying that Bill C-36, as it stands, will not make prostitution illegal. This is an important aspect because the legal nature of prostitution was a fundamental element that, for the Supreme Court justices, justified their ruling in the Bedford case.

Will the Minister of Justice clearly state in Bill C-36 that prostitution is illegal in Canada?

JusticeOral Questions

June 13th, 2014 / noon
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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, through Bill C-36, the government is balancing the interests of protecting vulnerable Canadians and minors and our communities. Bill C-36 shows compassion toward those trapped in this awful practice. It would also crack down on those responsible for exploiting the persons who are trapped in this industry. That is what Canadians want us to do, and that is what Bill C-36 would do.

JusticeOral Questions

June 13th, 2014 / noon
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Independent

Brent Rathgeber Independent Edmonton—St. Albert, AB

Mr. Speaker, the government claims that Bill C-36 would keep sex workers immune from prosecution except at or near where children are present. However, when it comes to child prostitutes, they are not only reasonably expected to be present wherever the child is selling sex, but a child is in fact present.

Does the government seriously intend to prosecute the most marginalized and most exploited members involved in this trade, the child prostitutes?

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 5:20 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I thank the member opposite. I know his heart is in the right place and I congratulate him for working with this one group in his area. I think that is really great.

However, saying that, I just want to correct a couple of things.

The first thing is we do not take the bill back to the Supreme Court. The Supreme Court said, “It will be for Parliament, should it choose to do so, to devise a new approach, reflecting different elements of the existing regime.” The Supreme Court has demanded that we give a response within a year.

Also, when the member was saying that the sex workers were alarmed because he told them that they would get arrested in any public place, that is in places only where children under the age of 18 could be. The whole purpose of this is to respect the sex workers and to help them, as I know the member opposite obviously wants to do. However, I want to read something. There is a mother, Kathy King, whose daughter was in prostitution. She said that she would like to express her appreciation that Bill C-36 declares the purchase of sexual services an illegal act and supports the sex worker. She went on to say that since the disappearance of her daughter in 1997 and the discovery of her mutilated body a month later, she speaks for those who did not survive their entanglement in a world many of us do not understand. Here is a mom who really loved her child. With Bill C-36, there would be exit programs. The $30 million would help those girls to have a different kind of life.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 4:55 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am going to pick up on what the parliamentary secretary was saying. I mentioned in my speech something that I have noticed many times when talking to people. There are those who strongly believe, with conviction, that the Swedish model is the way to go, while others believe that New Zealand's model, which is based on decriminalization, is the right choice. Neither of these models are perfect, even to those who defend them. Each group felt that their model was the best, but no one said that their model would get rid of prostitution completely.

However, I just heard the parliamentary secretary suggest that Bill C-36 would succeed in doing what no other country in this world, on our planet Earth, has done.

I would like the hon. member to say a few words about that and tell me whether she is as optimistic as the Conservatives about the 100% success rate we can expect from Bill C-36.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 4:55 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, the Parliamentary Secretary to the Minister of Justice keeps using the same examples.

I would like to remind him that the Criminal Code already has provisions on human trafficking, exploitation and abuse. What he is talking about is not part of the bill. Rape and other such offences are already covered by the Criminal Code. Bill C-36 should be a response to the Bedford decision on the safety of sex workers. The Criminal Code of Canada already covers what the hon. member provided as an example. The Criminal Code has the answers for the cases he just mentioned. It is in the Criminal Code and not in Bill C-36. That is not the purpose of the bill.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 4:55 p.m.
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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, my colleague quoted some sex workers. I wonder if she has heard some of these quotes.

Earlier today, Katarina MacLeod, who was beaten, abused, and raped repeatedly from the age of five, forced into the sex trade when she got a little older, and then worked for 15 years in that business, said that first of all there is no safe place to carry on the sex business, and second, had Bill C-36, the government's new prostitution legislation, been around when she was in the business, there would be no more demand and no more supply

Had that bill been in place, maybe she would be less scarred today.

One of her colleagues, Timea Nagy, a native of Budapest, Hungary, came to Canada 14 years ago as a housekeeper. However, when she arrived, she was kidnapped and forced to work in Toronto's sex industry until, one day, she escaped. She is now a founder of an organization that helps victims of trafficking. She said:

I speak for the hundreds of children and girls I have met and talked to and rescued in the last 14 years who have been and continue to be raped, violated and exploited against their will.

She challenged the idea that prostitution is a profession. She called it “oppression 90% of the time”.

She, too supports Bill C-36. She said women deserve to be protected by this country.

Casandra Diamond, another former prostitute, who operated a brothel, said sex workers should feel safer because of this bill. She said:

I wish Bill C-36 had been in place for me when I needed it.

I wonder if the member would comment.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 4:45 p.m.
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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I rise today to debate 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.

In my speech, I will read excerpts from the unanimous ruling of the Supreme Court to provide some context for the decision and the government's response, which takes the form of the bill we are debating.

Last December, the Supreme Court ruled unanimously that section 210, as well as paragraphs 212(1)(j) and 213(1)(c) of the Criminal Code—which prohibit people from keeping a bawdy-house, living on the avails of prostitution and communicating for the purpose of engaging in prostitution—violate the charter, because they infringe upon the right of sex workers and the security of their person.

The court ruled that current laws impose:

...dangerous conditions on prostitution; they prevent people engaged in a risky—but legal—activity from taking steps to protect themselves from the risks.

The court therefore asked the government to regulate prostitution “as long as it does so in a way that does not infringe the constitutional rights of prostitutes”.

In addition, an article in today's edition of La Presse indicates that the government seems more interested in imposing a new repressive model than in eliminating the problems identified by the Supreme Court.

Is the Minister of Justice's Bill C-36 a thoughtful and sensible response to the Supreme Court decision in the Bedford case? It would appear not. Once again, the Conservatives are using the big stick approach rather than a nuanced one. I would even go so far as to say that they are using a snowplow to remove everything in their path.

Will this bill protect the health and safety of sex workers? I do not think so. Will the bill protect women and girls caught in a cycle of dependence, violence and victimization? I do not think so. Will this bill prevent women, girls and boys from getting caught up in prostitution? I do not think so. Will this bill help support programs to assist people who want to get out of this situation? I do not think so.

I do not think so because this bill does not focus on prevention, but rather on repression. It does not consider the complexity of human nature and the reality of the society we live in, a society where appearances and money are strong lures, to the detriment of human beings and helping each other.

This was mentioned yesterday in the Winnipeg Sun's editorial:

Like with other criminal activity, laws prohibiting it rarely eliminates the problem....

While we want the government to crack down on pimps, human traffickers and people preying on the truly vulnerable, there’s nothing to suggest this law will reduce the demand or increase protections for women.

This is a newspaper that I do not often quote, but it was quite revealing.

Last winter, I attended an information session organized by station 13 of the LaSalle police. Representatives from all the community organizations in greater southwest Montreal heard from two community officers with the multidisciplinary investigations and youth coordination unit of the Montreal police service.

These experienced police officers gave us a realistic and frank description of prostitution and pimping. They want to change people's thinking about prostitutes and, above all, suggest ways to help those prostitutes who want to get out of the business. The program that they have put in place, “Les survivantes” or “the survivors”, gives female victims of this vicious circle the means to break out of it.

They also said that the image of pimping was somewhat glorified in popular culture and could be appealing to individuals who decide that the sexual exploitation of others is an easy way to make money. In their presentation, they demonstrated that prostitution was not a choice for many, but rather a lack of choice.

In our opinion, this bill, introduced by the Minister of Justice, does not respond to the Supreme Court ruling regarding the safety and protection of prostitutes. By making successive cuts to programs to prevent violence against women, the Conservatives really dropped the ball when it comes to dealing with this problem. Their systematic refusal to move forward with a national inquiry into missing and murdered aboriginal women leads us to believe that they have a very limited understanding of prostitution and violence against women.

The NDP recognizes that real action needs to be taken right away to improve the safety of sex workers and help them to get out of the sex trade, if they are not there by choice. To that end, significant resources must be allocated to income support, education, training, poverty relief and substance abuse programs for these women. We need a government that works with them to implement a comprehensive strategy to protect and support women.

I would also like to point out that clauses 46 to 48 refer to an equally controversial bill that was criticized by the new Privacy Commissioner, and that is the bill on cyberbullying. We call on the government and the Minister of Justice and Attorney General of Canada to go back to the drawing board and hold real consultations that take into account the opinions of a wide range of legal experts, stakeholder groups, the appropriate authorities and the main people involved, sex workers. The minister should also refer Bill C-36 to the Supreme Court to get its opinion on whether the bill honours the ruling in the Bedford case.

This government, as a legislator, must ensure that the bills introduced in the House are consistent with our Constitution and the Canadian Charter of Rights and Freedoms. What is more, the government has a moral responsibility to protect and ensure the safety of communities and workers, no matter what their occupation. We believe that the measures introduced and the announcements made by the Minister of Justice are inadequate and will not achieve the expected results.

Protection of Communities and Exploited Persons ActGovernment Orders

June 12th, 2014 / 4:40 p.m.
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Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Justice

Mr. Speaker, I would like to take this opportunity to respond to a comment that was made earlier about the meaning of “reasonably expected to be present” with respect to persons under the age of 18.

First of all, this test does have a meaning in criminal law. It is used in the provision that authorizes courts to impose prohibition orders on child sex offenders. That is section 161 of the Criminal Code. The provision that authorizes the imposition of peace bonds on suspected child sex offenders is section 810.1 of the Criminal Code.

Whether a particular location constitutes a public place where children can reasonably be expected to be present is a factual determination made by a court. This approach affords courts the discretion to apply the tests reasonably in different contexts. The objective of this offence is to protect children from exposure to prostitution, which the government views as a harm in and of itself. It criminalizes communication for the purposes of selling sexual services in these narrow circumstances. Bill C-36 recognizes the different interests at play, which include the need to protect from exploitation those who sell their sexual services as well as the need to protect vulnerable children from prostitution's harm.

I wonder if the hon. member could comment on that.