OTTAWA, ON- In response to a ruling by the Supreme Court of Canada that Canada’s prostitution laws were unconstitutional and inappropriate, the Protection of Communities and Exploited Persons Act (Bill C-36) was introduced in June by Justice Minister Peter MacKay. If enacted as drafted, the new legislation will effectively make prostitution illegal for the first time in Canada. 

Beginning September 9, 2014, Bill C-36 will be before the Legal and Constitutional Affairs Committee of the Senate for review. In anticipation of the Senate of Canada’s review of this legislation, the Canadian Association of Social Workers (CASW) developed Prostitution Policy in Canada: Models, Ideologies, and Moving Forward; a discussion paper that serves to analyze and react to Bill C-36 from various perspectives, including feminist and harm reduction approaches, in the hopes of generating a social work dialogue around the issue.  

After discussion and analysis, CASW believes that Bill C-36, with its increased criminalization of the worker and a simultaneous provision of $20-million over five years in new funding to help sex workers get out of the trade creates a confusing and, frankly, unhelpful model.   CASW agrees that it is inconsistent of the government to establish new legislation whereby prostituted individuals are regarded as victims in certain situations but not in other instances.

If sex workers are victims in need of assistance how might they also be criminals? This is an important question for the Legal and Constitutional Affairs Committee of the Senate to consider when moving forward in reviewing Bill C-36.

As Canada readies itself for the September 2014 opening of the Human Rights Museum, which heralds “Canadians' commitment to human rights,” CASW urges the Senate and the current federal government to reassess Bill C-36: criminalization of the worker is not a human rights response to prostitution policy. 

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For more information:

Fred Phelps, MSW, RSW

613-729-6668