OTTAWA, February 18, 2014 (LifeSiteNews.com) – The government of Canada has launched an online survey seeking the public's input on how the government should frame a new law on prostitution in response to the Supreme Court's decision declaring the main parts of the existing law unconstitutional.
The survey questionnaire gives some background on the Supreme Court's December 20 decision and offers examples of existing international approaches to prostitution law, including the “Nordic Model” that is in place in Sweden, Norway and Iceland. The laws in these countries have almost completely eliminated prostitution by criminalizing the buying of sex and the activities of pimps, and decriminalizing prostitutes themselves.
The survey consists of only four questions that concern the criminality of prostitution activities, as well as providing a space for comments.
“Our Government is concerned about the significant harms that flow from prostitution to communities, those engaged in prostitution and other vulnerable persons,” said Justice Minister Peter MacKay in a press release announcing the survey yesterday.
“Doing nothing is not an option – we are therefore asking Canadians right across the country, to provide their input, through an on-line consultation, to ensure a legislative response to prostitution that reflects our country’s values,” he continued. “We will be taking action to maintain the safety of our streets and communities, for the benefit of all Canadians.”
The online consultation is open for one month, from February 17 to March 17, 2014.
Find the government’s survey online here.
The Supreme Court’s ruling in the case of Bedford v. Attorney General of Canada struck down the laws against running brothels, or “bawdy houses,” as they are called in the Code, procuring and living on the avails of prostitution, and communicating in a public place for the purpose of prostitution.
Noting prostitution itself was not illegal in Canada, the Supreme Court stated that the laws against these offences violate prostitutes' right to security of the person, as protected by section 7 of the Charter, by preventing them from taking measures to protect themselves while engaging in a risky, but legal, activity.
Such protective measures, the court said, include selling sexual services indoors, hiring bodyguards and drivers, and negotiating safer conditions for the sale of sexual services in public places.
The Supreme Court gave Parliament one year to respond before the judgment goes into effect. If there is no legislative response, the court said, the result of this decision would be decriminalization of most adult prostitution-related activities.
In January, MacKay said the Conservative government intends to work quickly to fill the void.
“We're looking internationally at certain examples. We're consulting broadly with the police, of course,” MacKay said, adding, “There are many, many collateral damages that can result if we don't get this right.”
To provide your input online to the Department of Justice's consultation questions visit the survey website here, or submit your comments by email directly to [email protected].