Prostitution and human trafficking for the purpose of sexual exploitation are separate but related issues. The demand to buy and sell women and young girls for sex is driving trafficking in Canada.
As you've likely seen on the news, the Supreme Court of Canada is being asked to uphold the Ontario Court of Appeal's decision that Canada's prostitution laws are unconstitutional. Many of you have asked for clarification on this complex debate.
The Canadian Women's Foundation and our Task Force on the Trafficking of Women and Girls in Canada is focused on the most marginalized and vulnerable, young girls and trafficked women who are forced into prostitution from both Canada and abroad.
While prostitution is technically legal in Canada, many of the activities related to it are criminal offenses. Currently it is illegal to:
- communicate for the purposes of prostitution (solicitation)
- operate a bawdy house (indoor brothel)
- live off of the avails of prostitution (pimping/exploiting)
Bedford vs. Canada is the case before the Supreme Court of Canada, to challenge these three laws.
The women who brought forward the appeal are concerned that Canada's laws violate their liberty and security rights and should be struck down to fully legalize prostitution and allow for the operation of bawdy houses and living off of the avails. Supporters of this position claim that indoor brothels are safer than the street and that the current laws prevent women from hiring bodyguards or drivers.
The opposing perspective held by many women's groups, asserts that indoor brothels are no less risky and that prostitution is inherently dangerous and an extreme form of violence against women. A coalition of women's groups, formerly prostituted women and others are calling for the Supreme Court to decriminalize women (solicitation) and to uphold the laws that continue to criminalize johns, pimps and exploiters (banning legal brothels and pimping/exploiting).
If the Supreme Court upholds the appeal that Canada's prostitution laws are unconstitutional, it would be up to provinces or municipalities to licence indoor brothels or up to the Federal Government to pass new legislation.
The appeal does little to protect the most vulnerable women and young girls who are forced into prostitution and who would continue to be exploited in underground and unregulated brothels.
The Canadian Women's Foundation will closely follow the decisions made by the Supreme Court and the resulting impact on the legal environment for trafficked women and girls in Canada.