VANCOUVER, February 25, 2014 (LifeSiteNews.com) – Archbishop J. Michael Miller is urging the B.C. government to reconsider its decision not to prosecute prostitution-related offences following December’s Supreme Court of Canada ruling that the laws are unconstitutional.
In a statement criticizing the province's decision, Archbishop Miller said, “We cannot ignore the fact that women, men and children are being objectified. It is a shameful state of affairs and it’s going on under our very eyes. Any decision not to enforce laws that protect these victims is indefensible.”
The Supreme Court’s ruling in the case of Bedford v. Attorney General of Canada struck down the Criminal Code provisions against running brothels, procuring and living on the avails of prostitution, and communicating in a public place for the purpose of prostitution.
The Supreme Court stated that the laws 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.
Although the Supreme Court gave Parliament one year to respond with new legislation before the judgment goes into effect, meaning that the current law is still in force, provinces across the country are reacting by either not enforcing prostitution laws, or ignoring the sections that were struck down.
B.C. has joined Ontario, New Brunswick and Newfoundland in declaring they will not enforce, or selectively enforce, the law.
Archbishop Miller said it is ironic that B.C. would choose not to lay prostitution-related charges at a time when prostitution is a major issue at sporting events such as the Olympic Games.
“Prostitution and human trafficking is the most extensive form of slavery in this 21st century and it's occurring in our own country and in our own city,” he said, adding that Canada is a “source, transit and destination country for women, men and children, many of them aboriginal, trafficked for the purposes of commercial sexual exploitation or forced labour.”
A pastoral letter on human trafficking issued by the Catholic bishops of B.C. and the Yukon urges governments to strengthen their resolve in prosecuting traffickers and calls on them “always to serve the integral promotion of the human person both at home and abroad.”
In his statement Archbishop Miller also announced that a special “committee of stakeholders” is being formed to assess the legal vacuum created by the Supreme Court ruling, to explore the problem of prostitution and human trafficking, and how best to respond to the evolving legal frameworks.
The committee, which is coordinated by the Roman Catholic Archdiocese of Vancouver's Office of Service and Justice, will include representatives of the Church’s ministries to women and youth as well as street ministries. It is expected to meet before the end of February.
“I call on the government to work with many organizations in Vancouver that are trying to find ways to prevent the exploitation of human beings. We must find ways to unite our efforts to free the victims of human trafficking and prostitution and stop this crime which threatens not only the human dignity of individuals but also the basic values of Canadian society,” Archbishop Miller concluded.
On February 17 the government of Canada launched an online survey seeking the public's input on how the government should frame a new law on prostitution.
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 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.
“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 stated. “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.
The “Public Consultation on Prostitution-Related Offences in Canada” survey is available here.
The full text of Archbishop Miller's statement to the B.C. government is available here.