Mr. Speaker, I rise to speak to Bill C-304 which unfortunately is a non-votable item. I always like to open my comments in private members' business by suggesting that the item should be votable regardless of whether I and my party agree or disagree with it. I strongly believe that all private members' business is important enough that it should be votable so we can stand up for our convictions as the member who put forward the bill has done.
This is a very controversial subject. It involves very complex, contradictory interests, values and issues. It is an issue that is at the heart of a lot of our own feelings about what is happening in Canada.
The bill attempts to deal with the most visible evidence of prostitution, that being street solicitation. It has become an acute problem in larger Canadian urban centres where prostitutes have transformed certain areas into unpleasant congested districts. Some argue that it also leads to other problems such as drug addiction and violent crime.
Residents and businesses have voiced concern over the noise and traffic. Children in residential areas where this occurs may be exposed not only to the sex and drug trades, but also to the litter left from the sex and drug trades.
A 1999 study by the Canadian Centre for Justice Statistics reported a sharp increase in the number of prostitution related incidents following two years of decline. However the increase could reflect changes in enforcement rather than in the volume of criminal activity. Most recent statistics show that there were 5,036 offences dealing specifically with prostitution in the year 2000.
The street is a dangerous place for people working in this trade. There is a relationship between violence against prostitutes, including assaults and homicides and the venue in which it occurs. Nearly all assaults and murders occur while the prostitute is working on the street.
When considering how to deal with legislation regarding prostitution under section 213, we should be cognizant of the fact that the potential for increased violence against prostitutes exists. Unfortunately, the bill does not do that.
The bill would amend section 213 of the criminal code so offences would now become either indictable or summary in nature. Presently, offences found under section 213 are summary, allowing for a maximum of six months of imprisonment and/or a maximum fine of $2,000. The amendment would give the sentencing judge the option of summary or indictable charges, essentially increasing the maximum from two years less a day up to 10 years.
We would be inclined to support a shift in sentencing if it pertained to those living off the avails of prostitution or those who engage in recruitment for prostitution.
Under section 212 of the criminal code, everyone who procures, attempts to procure or solicit a person to have illicit sex with another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years. This section deals specifically with those who wish to live off the avails of prostitution and would seem to have a greater beneficial societal effect in terms of sentencing.
Rather than increasing the sentence from summary to indictable for those charged under section 213, charges under section 212 would potentially address the greater issue, that of those profiting from prostitution. An increase along the lines of those found in section 212(2), which increases the term of the offence from the maximum of 10 years to imprisonment for a term not exceeding 14 years for anyone who lives wholly or in part off the avails of prostitution of another person who is under the age of 18 years, could potentially serve as the model.
This amendment to section 213 would distort the system to deal with what some consider as much a societal problem as it is a legal problem. Those involved in the sex trade are often victimized disproportionately when compared to others. This is especially true in terms of youth involved in the practice. They are more at risk of being robbed, beaten and sexually assaulted at the hands of pimps or customers.
This is not the right approach. In fact, it takes a rather simplistic approach. Making the offence indictable does nothing to stop the problem or address the greater issue for those living off the avails of prostitution.
Section 213(1) is out to confine and keep prostitution out of the public view. It does this by making it an offence for anyone who tries to engage in prostitution or for those wishing to obtain the sexual services of a prostitute by making it an offence to: stop or attempt to stop any motor vehicle; impede the free flow of pedestrian vehicular traffic or going into or out of premises adjacent to that place; stop or attempt to stop any person or in any manner communicate or attempt to communicate with any person for the purpose of engaging in prostitution.
If there is to be a lasting beneficial effect, we need to address the heart of the problem. We need to engage in preventive measures such as early intervention, educational awareness strategies, development of education tools and resources, and earlier identification of those at risk. These comments were made by the presenter and speakers from the Alliance. I could not agree more that we have to address those particular issues, the societal problems.
By making it an indictable offence, the opinion was given that it would simply be an option available to the courts, that it could be a summary or an indictable offence. Making it an indictable offence and taking people off the streets and putting them in jail for up to 10 years does not solve the problem.
I congratulate the member for bringing the matter to the attention of the House and to the attention of a society that already knows there is an issue with respect to prostitution, particularly child prostitution as we have seen in the major centres. However, this legislation, even if it were votable, even if it did go forward and even if it were put into effect would not resolve the problems and issues we face now as a society with prostitution and particularly those under the age of 18.
Had the bill been votable, the PC/DR coalition would not have supported this legislation, not because we do not think it is a major issue. We simply feel it is not the right way to change a very serious problem.