The Sex Industry in Canada

While Canada inherited its prostitution laws from the UK, they are now more restrictive. Until recently, pimping, procuring, and operating brothels (bawdy houses) were illegal.

But in 2013, the Supreme Court ruled that these offences were unconstitutional. Since then, the federal government has introduced a new approach in Bill C-36, the Protection of Communities and Exploited Persons Act.

What is it?

The sex industry in Canada is made up of people who sell sexual services for money. It includes street prostitution, body rub parlours, brothels and other establishments. Those who work in this industry are often subjected to sexual abuse, harassment and violence. They also have little to no access to social services.

In some cases, sex workers are forced to do this type of work. However, for many sex workers, this is a conscious choice. They often choose to work in higher-end establishments such as strip clubs and private escort services.

Some young adults are attracted to this type of work because it can give them more income than they can get from other jobs. Others may be forced into this career because of a lack of other employment opportunities. Some of them may have experienced trauma or neglect in their childhood, which can lead to substance use, mental health problems and behavioural issues. These problems can cause them to lose touch with family and friends.

Who does it affect?

Many sex workers struggle with poverty, addiction, lack of education and abuse, especially sexual violence. They are often exploited by their clients and may be trafficked. Some sex workers are even victims of serial murderers.

Despite the fact that the majority of sex work is legal in Canada, it is still stigmatized. Prostitution is regulated at the federal, provincial/territorial and municipal levels through criminal laws (such as the prohibition of procuring or advertising sexual services, or living on the material benefits from sex work), community safety initiatives, business licensing decisions, by-laws banning solicitation, and police enforcement guidelines.

The sex trade must be decriminalized and Canadian society should strive to eliminate discrimination against sex workers, including whorephobia, transphobia, xenophobia and racism. The number of missing and murdered street-involved women in our cities is unacceptable, as are standardized mortality rates that show sex workers have some of the worst health outcomes in our country. It is time to take a different approach.

Why is it illegal?

A growing body of research supports the call to decriminalise prostitution (consensual sex between adults for money, also known as sex work) and its ancillary activities. Those who engage in commercial sexual exploitation are often victims of intersecting inequalities, including social isolation and stigma, low self-esteem, drugs/alcohol abuse, early childhood trauma and neglect, and hidden disabilities such as Fetal Alcohol Syndrome.

In finding three crimes related to prostitution unconstitutional in the Canada v Bedford decision last year, Justice Goldstein pointed out that these laws prevent sex workers from taking safety measures that would help them avoid exploitation, such as working together and living with third parties who are not exploiters. These laws are a violation of the right to liberty and security in Section 7 of the Canadian Charter of Rights and Freedoms. The federal government responded to this judicial ruling by amending the Criminal Code and introducing Bill C-36. This legislative amendment criminalises the purchase of sex and makes it a crime to solicit clients, and makes the operation of brothels a punishable offence.

What is the solution?

A number of sex worker-serving organizations have a long-standing policy preference for decriminalization. Advocates have argued that it makes for safer working conditions, allows workers to access health and social services and reduces vulnerability to HIV infection, exploitation, violence and stigma.

But criminalization as it stands harms sex workers, according to the Canadian Alliance on Sex Work Law Reform. Organizations such as Butterfly, an Asian and migrant sex worker support network in Toronto, say sex workers they know have been evicted from their homes, extorted by landlords, turned away from support services, abused or assaulted by clients, arrested and jailed, deported and even lost custody of their children.

The alliance is challenging the legality of PCEPA and other prostitution offences. It says these laws violate the Charter rights of freedom of movement, security of the person and the right to privacy. They also lead to overpolicing and underprotection of sex workers, who are subject to violent interactions with police.