Evidence of meeting #38 for Justice and Human Rights in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was trafficking.
A video is available from Parliament.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Okay.
I'm sure you're familiar with the Bedford decision and Chief Justice McLachlin's statements and comments in her decision.
I'll just read one point to you. She said:
This reflects a policy choice on Parliament’s part. Parliament is not precluded 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.
What is she referring to, in terms of—?
Legal Coordinator, Sex Professionals of Canada
What is Chief Justice McLachlin referring to?
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Yes, what is she referring to? I specifically want you to focus on the words “imposing limits on where and how prostitution may be conducted”. You say we can just let it fall away, but she's saying that Parliament has the right to impose “limits on where and how prostitution may be conducted”. What do you think she's referring to in that phrase?
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
What do you think Chief Justice McLachlin is referring to?
Legal Coordinator, Sex Professionals of Canada
She did mention that, “if it so chooses”—and obviously you do so choose. It's not a necessary thing for you to do. But I think it's extremely important to scrap this bill in its entirety, and if you're going to do this, come at it from a different approach.
Conservative
Legal Coordinator, Sex Professionals of Canada
Bring sex workers to the table, but for real. The sex workers were not consulted.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
But what do you think Parliament's role is in regulating and imposing limits on where and how prostitution may be conducted? She said Parliament has the right to do that. Do you agree or disagree with her?
Legal Coordinator, Sex Professionals of Canada
Do I agree with the statement?
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Yes. Do you agree with the Chief Justice's statement that Parliament has the right to impose limits on prostitution?
Legal Coordinator, Sex Professionals of Canada
Yes, it does have the right to do so.
Legal Coordinator, Sex Professionals of Canada
I agree that it has the right to do so—
Conservative
Legal Coordinator, Sex Professionals of Canada
—but it must do so in a way that doesn't start killing us all over again.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
I understand, and that's there, and we read that.
The next question, though is: what is the federal jurisdiction that you would see the government using to comply with her statement that Parliament has the right to impose such limits?
You mentioned labour law; you mentioned employment law; others have mentioned zoning law. None of those are in the jurisdiction of the federal Government of Canada.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
So why did Chief Justice McLachlin say that Parliament has the right to impose limits?
Legal Coordinator, Sex Professionals of Canada
Well, it does so already. There are many laws on the books that deal with sex work and the exploitation of it.
For example, as I opened with, we only challenged one-tenth of the avails law. There's quite a list, almost like a catalogue, of other offences.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Those weren't struck down, so that's not what she was referring to.
Legal Coordinator, Sex Professionals of Canada
I beg your pardon? That's what I'm referring to.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
That's not what she struck down, so that's not what she was referring to.
Okay, thank you, Mr. Chair.
Conservative
The Chair Conservative Mike Wallace
Your time is up. Thank you very much. Thank you for those questions and answers.
Our next questioner is from the New Democratic Party, Mr. Jacob.
NDP
Pierre Jacob NDP Brome—Missisquoi, QC
Thank you, Mr. Chair.
I want to thank our witnesses for being here today.
Like my colleagues, I have a lot of compassion for you, Ms. Grant, and what you've been through.
My first question is for Mr. Jolliffe.
In your opening statement, you talked about substance abuse. Right now, are the mental health and substance abuse services available to prostitutes and vulnerable women adequate in your region, as well as across the province and around the country?