Costs C-36 very carefully balance which safeguards concern with the necessity to make sure you to definitely exploitative third parties is criminalized
Significantly, Statement C-thirty six doesn’t exclude people who sell their own sexual services out-of interacting for the mission, other than in public places that will be or is actually near to university grounds, playgrounds or daycare centers
Bill C-36 contact the brand new Finest Judge off Canadas protection questions throughout the large perspective of all the harms, risks and you will threats posed because of the prostitution on pursuing the ways:
Repaired Indoor Towns and cities The Supreme Court of Canada expressed concern that the existing prostitution offences prevent the attempting to sell of sexual services from fixed indoor locations, which the Court found to be a safer place to sell sex. Under Bill C-36, individuals cannot be prosecuted for selling their own sexual services, including from a fixed indoor location, whether independently or cooperatively. Bodyguards and you can Drivers The Supreme Court of Canadas second major concern was that existing offences prevent those who sell sexual services from hiring bodyguards and others who may enhance their safety. It achieves this goal by: criminalizing receiving a financial or other material benefit that is obtained by or derived from the to shop for offence; limiting the scope of the offence through legislated exceptions, including exceptions that apply to individuals who offer protective services; and, ensuring that none of the exceptions apply in exploitative circumstances. Negotiating publicly The Supreme Court of Canadas final concern was that individuals who sell their own sexual services should not be prevented from taking steps to negotiate safer conditions for the sale of sexual services in public places. One of the offences found unconstitutional by the Supreme Court of Canada criminalized all public communications for the purpose of either purchasing or selling sexual services. Bill C-36, on the other hand, creates, first, a new offence that criminalizes communicating in just about any place for the purpose of purchasing sexual services and, second, a separate offence that criminalizes communicating for the purpose of selling sexual services, but only in public places which can be otherwise try near to school grounds, playgrounds or daycare centres. This approach strikes a careful balance between the interests of two vulnerable groups: those who are subjected to prostitution and children who may be exposed to it. Footnote 49
III: Around the world Perspective
Canada is not by yourself inside implementing a legislative way of prostitution you to feedback new habit since a kind of sexual exploitation by the targeting people that produce the interest in they and people who take advantage of one request. Sweden are the original nation to implement including a method in 1999, accompanied by Norway and you will Iceland in 2009, that is why Swedens strategy is known as the newest “Nordic Design”. Additionally, the Northern Ireland Set up passed a statement that will criminalize spending for another people sexual attributes for the , Footnote 50 Irelands Mutual Panel towards Justice, Defence and you may Equality required brand new Nordic Model inside Uk All of the-Party Parliamentary Report required implementation of a type of you to definitely means. Footnote 52
Moreover, the new Eu Parliament supported the new Nordic Design for the , the brand new Council out of Europe better if affiliate and you will observer states, that has Canada, envision criminalizing the acquisition out-of sexual attributes, as the most active tool to possess preventing and you can fighting individual trafficking, and you will forbidding advertising sexual features and pimping. Footnote 54 The fresh Us Panel toward Elimination of Discrimination against Women also has recommended otherwise invited this new criminalization of acquisition of sexual features and has now stressed the importance of handling the fresh need for prostitution. Footnote 55 Basically, this method gets growing all over the world assistance as the a sound policy method, backed by an increasing muscles away from proof.