Postwar History of prostitution in Canada

1 postwar

1.1 vagrancy
1.2 municipal initiatives

1.2.1 ottawa
1.2.2 edmonton
1.2.3 toronto
1.2.4 other


1.3 provincial initiatives
1.4 inquiries

1.4.1 fraser committee (1983–85)
1.4.2 c-49 review (1987-90)


1.5 further amendments criminal code

1.5.1 c-49 (1985)
1.5.2 c-15 (1988)
1.5.3 c-36 (2014)

postwar

the social purity movement became less prominent after world war had little effect on extent of prostitution, there less public concern. throughout enforcement heavily gendered, few men prosecuted under avails , procurement laws. in 1947, became offence transport woman bawdy house.

vagrancy

the original 1892 criminal code described 12 ways in loose, idle or disorderly person or vagrant might arrested , upon conviction subjected maximum fine of $50 or imprisonment not exceeding 6 months or without hard labour. directed @ person vagrant (status law). in 1954, amendments made vagrancy doing of prohibited act, , these reduced five. 3 of them dealt street disorder , nicknamed vag a, b , c after respective clauses, , prostitution prohibition vag c or vagrancy (c).

the original vagrancy laws discriminatory in applied overwhelmingly women , criminalised status of being common prostitute rather criminalising behaviours associated prostitution. these reasons, original status offences prostitution said contravene current charter of rights , freedoms.[1]

both judiciary , 1970 report of royal commission on status of women complained this.

in 1972 section 164.1:

no apparent means of support

every 1 commits vagrancy who:

(a) -not having apparent means of support found wandering abroad or trespassing , not, when required, justify presence in place found;

(b) -begs door door or in public place;

(c) -being common prostitute or night walker found in public place , not, when required, give account of herself

was replaced language prohibiting soliciting (communicating) purposes of prostitution (section 195.1), read:

every person solicits person in public place purpose of prostitution guilty of offence punishable on summary conviction.

the new law gender neutral , defined offence based on act (although not nature of act) , thought have addressed social nuisance concerns of residents. became clear there new problems.

in hutt v. r. (1978) [scc 82 d.l.r. (3d) 95] held activities of prostitute criminal conduct must conform dictionary definition of solicit ; must importuning, or pressing or persistent , constitute more mere indication willing prostitute herself. plainclothes police officer permitted appellant enter car. identified herself prostitute , discussed terms. court did not believe fell within intent of parliament prohibit acts contribute public inconvenience. 4 judges indicated not have considered automobile public place, excluding actions section 195.1. following there concern police no longer act against street prostitution unless there pressing or persistent behaviour.

municipal initiatives

residents started campaign against sex work public nuisance, have shifted out of neighbourhoods. 1978 hutt decision led public pressure amend section 195.1 expand definition of soliciting. street prostitution described plague , there pressure deal activity claimed blight residential , commercial areas, , associated criminal activity, including drugs , exploitation of children.

the federal government seen not proactive on prompting cities take action. montreal (1980) , calgary (1981) enacted bylaws banned use of streets , other public areas prostitution. these cities claimed powers, derived provinces, regulate streets , restrict criminality. although police , city officials claimed bylaws effective, found unconstitutional. in westendorp v r (1983) supreme court found calgary by‑law ultra vires. montreal (goldwax et al. v. city of montreal, [1984] 2 s.c.r. 525). these rulings therefore nullified other similar bylaws enacted or proposed in vancouver, niagara falls, regina , halifax. however, 1983 montreal by‑law forbidding selling of services on city streets without permit upheld in quebec superior court.

agitation change continued @ municipal level being directly affected presence of prostitution. ottawa , edmonton created task forces in 1992 while halifax, montreal , toronto police addressed juvenile prostitution and, in particular, exiting schemes.

ottawa

ottawa made 33 recommendations. many of these focused on enforcement, while others addressed crime prevention, education , crisis intervention programs. others supported 1990 c49 report re-examination of fraser report. specifically, these addressed funding research , more control of harassment or obstruction. ottawa report asked minister work municipalities establish national crime prevention council. in response, city took action deter automobile traffic in areas.

edmonton

edmonton focused on juvenile issue, proposing amendments child welfare legislation , criminal code. proposed bylaws regulate dating , escort services, exotic entertainers , massage parlours, including licensing, subsequently enacted.

toronto

in response 1995 federal-provincial-territorial working group on prostitution report dealing prostitution in canada, toronto s board of health advocated decriminalisation in 1995, city taking responsibility of regulating industry. city endorsed these proposals, further specifying involved adult prostitution, supporting federal report s proposals on juveniles.

toronto enacted bylaw restrict intimate erotic lap dancing in august 1995 prohibit physical contact, including touching, between patrons , attendants, maximum fine of $50,000, , revocation of licences. adult entertainment parlours unsuccessful in having quashed courts. in ont. adult entertainment bar assn. v. toronto, 26 o.r. (3d) 257 [1995], held bylaw enacted valid objectives relating business regulation, including health, safety , prevention of crime, , did not usurp government s jurisdiction on criminal law. court did not believe bylaw violated dancers freedom of expression. close-contact dancing not constitutionally protected right. upheld @ appellate level.

other

other cities saw edmonton , toronto examples of allowing municipal intervention without being ultra vires , 1990s saw victoria, vancouver, calgary, winnipeg, sault ste. marie , windsor following suit. civil suits, however, undertaken on basis of over-charging licence fees in 2002, edmonton prostitute commenced action against city, demanding lower license fee escorts $1,600. action claimed city of edmonton living off avails of prostitution imposing such high licence fee.

provincial initiatives

in 1984, british columbia attorney general applied b.c. supreme court injunction restrain, common law public nuisance, prostitution‑related activity in residential area of vancouver. interim injunction (a.g. b.c. v. couillard (1984), 42 c.r. (3d) 273) prohibited persons publicly offering or appearing offer themselves, directly or indirectly, purposes of prostitution, in addition addressed trespassing , disturbance of peace prostitutes. evidence presented residents of west end effect on neighbourhood. however, interim measure rescinded after enactment of new legislation in december 1985.

in 1984, attorney general of nova scotia applied injunction in city of halifax. application refused on grounds of being ultra vires. court of appeal upheld in march 1985 (a.g. n.s. v. beaver (1985), 67 n.s.r. (2d) 281, 155 a.p.r. 281).

the provinces have continued seek ways of controlling prostitution without infringing parliament s jurisdiction on criminal code. traffic , highway acts in several provinces have been amended allow police seize, impound , sell vehicles of clients. manitoba enacted in 1999. in 2001 , 2002, nova scotia, alberta, , saskatchewan followed. ontario went further in 2002 civil law allowing province ask courts freeze, seize , forfeit crown property proceeds of unlawful activity including prostitution, without involving criminal charges. other provincial acts authorize suspension of driver’s licence on conviction of prostitution related offence involving motor vehicle.

inquiries
fraser committee (1983–85)

the justice minister established committee in june 1983 enquire prostitution , pornography, headed paul fraser, reported in april 1985. other members of committee were: susan clark, mount st vincent university, halifax; mary eberts, civil litigator specialising in equality issues, toronto; jean-paul gilbert, member of national parole board, montreal; john mclaren, dean of law @ university of windsor; andrée ruffo, lawyer practising in family law in montreal; joan wallace, lawyer specialising in human rights, vancouver.

that report stated prostitution widespread in canada, particularly in cities. although empirical evidence lacking, concluded economic necessity major motivation many women. public opinion ambivalent. people opposed further criminalization, there support actions alleviate public nuisance associated it.

in report, 3 strategies considered; criminalization, decriminalization, , regulation. further criminalization prohibit forms of prostitution felt impossible enforce, had little public support, , represented imposition of moral views through criminal law. committee did not support decriminalisation either, on grounds found little evidence of harms alleviated. committee rejected regulation state.

instead, committee put forward recommendations having elements of 3 approaches. first time, recommendations addressed underlying economic , social issues, alleviation might improve situation. committee recommended addressing social inequalities between genders, assisting women , youth in need, , funding of community groups involved prostitution.

while committee (with 1 dissension) did not support complete decriminalisation, suggested thorough revision of criminal law, tougher penalties street prostitution because of harm of disturbance , nuisance. suggested new offence of interfering or attempting interfere, on more 1 occasion, pedestrian or vehicular traffic purposes of offering engage in prostitution or of employing services of prostitute not mere offer or acceptance without disturbance.

this balanced easing restrictions on other activities. bawdy house provisions amended allow 2 workers on premise out illogical permit prostitution make illegal perform anywhere. committee thought maximum of 2 persons unlikely associated public nuisance , allow worker use own home. proposed prostitution establishments permitted licensed , operated provincial or territorial governments, other businesses.

the committee recommended repeal of offences of procuring , living on avails of prostitution, limiting use of force, threats or other coercive or threatening behaviour. committee concluded report follows:

prostitution cannot dealt on piecemeal basis, linking provisions on each aspect of prostitution-related activity.

response varied. authorities positive strengthening measures against street work, negative relaxing sanctions against indoor work, , no support emerged @ provincial level.

c-49 review (1987-90)

bill c-49 (1985) stated objectives remove street prostitutes , customers downtown neighbourhoods. mandated review within 3 years. research study therefore undertaken in 1987-88 determine whether c-49 resulted in reduction in nuisance of street prostitution vancouver, calgary, toronto, montreal , halifax chosen major test sites, smaller studies in regina, winnipeg, london, niagara falls, ottawa, trois-rivières , quebec city. interviews conducted police officers, crown prosecutors, defence lawyers, judges, prostitutes, customers, pimps, social agency staff, , business people , residents. baseline data available 1984 report of fraser committee. report, street prostitution: assessing impact of law published in july 1989 department of justice. report concluded although the

practice of street prostitution modified communicating law ... (i)n of cities included in study, street prostitution prevalent before new law.

in 1989, standing committee on justice , solicitor general conducted comprehensive review of bill c‑49, reporting in october 1990. 3 recommendations following:

- (1) departments responsible justice, health , welfare, , employment, @ levels of government, develop programs provide start‑up , core funding community‑based agencies providing integrated, holistic programs accessible , responsive needs of male , female prostitutes wishing leave street solicitation trade;

- (2) identification of criminals act amended allow fingerprinting , photographing of charged under section 213 of criminal code, whether prostitutes or customers; and

- (3) section 213 of criminal code amended provide sentencing judges discretion prohibit persons convicted of street solicitation involving motor vehicle, in addition other penalty imposed, driving motor vehicle period not exceed 3 months.

essentially, in 1991 response, government rejected recommendations , did not amend legislation. suggested rather proceed developing exit strategies, further consultation should undertaken, , further penalties not enhance exiting. final recommendation rejected being irrational.

further amendments criminal code

despite apparently neutral language of law, courts continued interpret person woman, requiring 1983 amendment defining prostitute person of either sex engages in prostitution.

the next problem, relating gender neutrality, issue of whether discriminatory, applying seller not buyer. case law inconsistent. b.c. court of appeal held purpose of prostitution referred seller (r. v. dudak (1978), 3 c.r. (3d) 68) while ontario court of appeal held (in r. v. dipaola (1978), 4 c.r. (3d) 121) referred either party.

c-49 (1985)

it clear law needed reviewed, , bill c‑49 introduced in 1985, coming force on 28 december 1985, replacing section 195.1. new offence (section 213) referred person in public place (or place open public view) stopped or attempted stop motor vehicle, impeded pedestrian or vehicular traffic, or interfered entry building, or stopped person or engaged in

communicating in public place purposes of prostitution

public place defined including motor vehicles in or on public places. section reviewed after 3 years. justice minister stated further amendments forthcoming, nothing came of this. section challenged unsuccessfully in supreme court in 1990. new section welcomed citizens , authorities, critics claimed merely displace phenomenon, endanger workers, , give police , court discretionary power.

c-15 (1988)

in 1988 bill c‑15 made offence obtain or attempt obtain sexual services of minor, increasing maximum penalty 14 years convicted of living on avails of prostitute under age of 18 years.

c-36 (2014)

sign bill c-36 in massage parlor in montreal, september 2015

following declaration supreme court in december 2013 key provisions in existing law unconstitutional, peter mackay introduced bill c-36, protection of communities , exploited persons act in june 2014. bill approved senate on november 4, 2014, , came effect on december 6, 2014. unlike previous legislation, c-36 targets buy sex, , seeks reduce demand prostitution—a term replaced euphemism sexual services consideration . bill c-36 made illegal [obtain] sexual services consideration , receive material benefits sexual services performed person, , knowingly advertise offer provide sexual services consideration person. individual sex workers given form of immunity advertising or receiving consideration own sexual services. previous prohibition on communicating in public places purposes of such services loosened, , applies communications conducted @ or near day care facilities, schools, , playgrounds, , when 1 interrupts pedestrian or vehicular traffic perform such communications.

supporters of bill c-36 argued bill improve safety sex workers. against law argued law restricts ability sex workers safely search clients , conduct business. emily symons, chairperson of power, advocacy group prostitutes in ottawa region, argued c-36 not reintroduces laws deemed unconstitutional in unanimous decision supreme court 1 year ago — makes them worse.