Mr. Speaker, I am very pleased to join the report stage debate in support of Bill C-36, the protection of communities and exploited persons act.
Bill C-36 was studied by the House of Commons Standing Committee on Justice and Human Rights in July 2014, and pre-studied by the Senate committee on legal and constitutional affairs in September.
The bill is well on its way toward enactment before the expiry of the Supreme Court of Canada's one-year suspension of its December 20, 2013 Bedford decision, which would otherwise result in decriminalization of most adult prostitution-related activities in Canada.
Bill C-36 places Canada among other like-minded jurisdictions that have taken, or are considering taking, an approach that treats prostitution as a form of sexual exploitation that targets the victims, primarily women and girls, including those disadvantaged by socio-economic factors, such as youth, poverty, drug addiction or a history of abuse. Such an approach aspires to abolish prostitution as a harmful gendered practice. It has been garnering widespread international support, and not just in those countries that have implemented it.
For example, in March 2014, an all-party parliamentary report in the United Kingdom recommended implementation of a version of this approach. Both the Council of Europe and the European parliament have endorsed it. This is not just because the approach has been effective in achieving its objectives, it is also because it avoids the negative effects of the alternative: decriminalization or legalization.
Research shows that decriminalization and legalization lead to growth of the sex industry. Demand increases in a decriminalized or legalized regime, as does the supply required to meet that demand, which is disproportionately drawn from vulnerable populations. The result is an increase in the exploitation of vulnerable groups.
Facilitating prostitution for those who claim to freely choose it results in a greater number of those who do not freely choose it being subjected to prostitution. This is what would happen in Canada if we failed to respond to the Bedford decision.
Research also shows that decriminalization and legalization are linked to higher rates of human trafficking for sexual exploitation.
There is significant profit to be made from prostituting the disempowered who are so often unable to enforce their rights, and the unscrupulous stop at nothing to maximize their profits. They may tout themselves as a helper or legitimate bodyguard, but it is in their interest to encourage and even coerce the prostitution of those they claim to protect. This is another reason why a regime that treats sex work as a legitimate profession results in higher rates of exploitative conducts. Exploiters can hide behind a veneer of legitimacy.
Some who disagree with the approach of Bill C-36 have said that it is bad policy to work toward abolishing prostitution when some freely choose to sell their own sexual services and are content with that choice. The two committees that studied Bill C-36 heard from some individuals who said that they chose sex work as their profession and that they should not be prevented from earning a living in the manner of their choosing.
I accept that some support decriminalization and condone the trade in sexual services between consenting adults, but I do not accept that such a policy choice is better for everyone implicated in the prostitution industry, including the communities in which it is practised and society as large.
All agree that those subjected to prostitution disproportionately come from marginalized backgrounds, and all agree that high levels of violence and trauma are associated with involvement in prostitution. The disagreement lies in how the law should address these serious concerns.
Why does Bill C-36 reject decriminalization in favour of an approach that treats prostitution as a form of sexual exploitation? The research on jurisdictions that have decriminalized or legalized prostitution provides one answer to this question.
As I have already outlined, research shows that decriminalization is linked to growth in the sex industry and higher rates of human trafficking for sexual exploitation. That means an increase in vulnerable people being drawn into prostitution, an increase in abuse of those in positions of vulnerability, an increase in use of coercive practices to draw the vulnerable in and keep them in, and at the end of that continuum of exploitative conduct, an increase in human trafficking. Bill C-36 would prevent the harmful effects of decriminalization.
Those individuals who claim to freely choose prostitution also say that they do not need its proposed prostitution offences. They say that offences such as human trafficking, forcible confinement, assault and sexual assault provide them with sufficient protection against abuse while involved in a trade that is well known for that abuse. That may be so for those who have some control over the sale of their own sexual services, but what about those who do not?
We know from the committee hearings that many do not choose prostitution. Many are subjected to it by force meted out by those who would profit from this trade or because of seriously constrained options from which to choose. Should we afford this group the law's protection only once someone has committed a violent offence against them and how do we ensure they are sufficiently empowered to report such abuse when it occurs?
It has been well recognized, including by the Supreme Court of Canada in its 1992 Downey decision, that the fear of reprisal from exploitative third parties too often keeps the exploited silent. They are afraid, and understandably so. Exploiters have an obvious incentive to keep the vulnerable in prostitution and many do so through horrific forms of abuse.
How do we stop this trajectory? The answer is simple. We say “no” to prostitution by targeting those who fuel the demand for it and those who profit from the trade. Bill C-36 would do that. It prioritizes those who do not choose prostitution.
Prostitution targets the vulnerable, so Bill C-36 targets those who buy their sexual services and those who capitalize on the sale of those services. This means that law enforcement has the tools required to intervene before any member of that vulnerable group is assaulted, sexually assaulted, forcibly confined or trafficked and can prevent the more serious crimes associated with prostitution from happening in the first place.
These are the reasons why Bill C-36 says “no” to decriminalization. These are the reasons why Bill C-36 says “no” to prostitution. Put simply, there are too many risks associated with this practice. A burgeoning sex industry means: an increase in vulnerable persons selling their own sexual services because of lack of meaningful options, or through force; a corresponding increase in the violence and trauma caused by subjection to prostitution; an increase in associated crime, such as drug related offences and human trafficking; and the normalization of a gendered practice that implicates the equality rights of those vulnerable groups so at risk of subjection to it.
I stand with those survivors, some of whom courageously testified before both committees and detailed the horrific abuse they suffered in prostitution. They have told their stories again and again to ensure that this type of abuse stops. They also told the committee that Bill C-36 would send a message. The message is that we are all deserving of dignity, equality and respect. The law should not allow the powerful to use and abuse the less powerful.
I ask my colleagues to stand with me and the brave women who shared their stories of pain and suffering to improve Canadian society. I ask my colleagues to join me in support of Bill C-36.