MP Bids to Make Buying Sex Illegal in Canada

[Guest W***ledi*Time]

OTTAWA ? Making it illegal to buy sex would help combat human trafficking for the sex trade in Canada, Conservative MP Joy Smith will say Wednesday as she unveils dozens of recommendations to fight the modern-day slave trade.

 

The recommendations are part of a national action plan Smith has worked on for the last three years, and include more funding for aid agencies that assist victims and creating a national office to assess and provide annual reports on Canada's efforts to stop human trafficking both here and abroad.

 

"It's going to take our whole nation to stop this crime," said Smith, MP for the Manitoba riding of Kildonan-St. Paul. She took on human trafficking as her political raison d'etre after seeing her son deal with the problem in his job as a police officer.

 

Human trafficking is the buying and selling of people, most often for sex or forced labour. Since human trafficking became a separate offence in the Criminal Code four years ago, just five people have been convicted of it in Canada. All of those cases involved Canadian victims, most under 18, who were forced into the sex trade within Canada.

 

There are another 32 cases before the courts now, at least 14 of which include victims who are Canadian girls under the age of 18.

 

The U.S. State Department estimates 800 people are trafficked into Canada each year and another 1,500 to 2,200 are smuggled through Canada on the way to the U.S.

 

Smith's plan calls for Canada to study ways to adopt a decade-old Swedish policy that considers prostitution violence against the sex trade worker and makes it illegal to buy or attempt to buy sex either on the street or in a business such as a brothel or massage parlour.

 

The policy cut demand for the sex trade and resulted in a significant drop in human trafficking there compared to its European neighbours. Some estimated the amount of prostitution in Sweden plummeted 90 per cent.

Canada's current laws prohibit solicitation but not the actual purchase of sex.

 

"Personally, I like the Swedish model and we can adapt many concepts from that model concerning the demand for the sex trade," said Smith.

 

She also calls for a wider public relations campaign, training judges, lawyers and cops about Canada's relatively new human trafficking laws so they can be used better and establishing safe houses for victims in each province.

 

She noted one of the critical aspects for prosecuting offenders is to separate the victim from the enslaver long enough to help begin the process of rehabilitation. The inability of police to get victims to co-operate ? often due to fear of reprisal from their attackers ? has been a major hindrance to prosecuting human trafficking in Canada.

 

Smith's plan comes on the heels of an RCMP analysis of human trafficking cases in Canada. The RCMP report found evidence of human trafficking in most major Canadian cities. Threats of violence against sex trade workers or their families, social isolation, withholding identification and requiring repayment of large debts are among the tactics used to coerce women and girls into the trade.

 

International victims mostly come from Eastern Europe and Asia and are smuggled into Canada either on false documents, visitor visas or through false marriages.

 

One of Smith's recommendations is to have Canada Border Services Agency officials keep track of women arriving in Canada alone for six months after they arrive to ensure they are safe.

 

Smith said her plan has been given to the prime minister and several relevant cabinet ministers and she hopes it will be presented to Parliament in full.

 

She noted one of the keys is to improve co-ordination between different levels of government and law enforcement and the non-governmental agencies which aid victims. A national human trafficking co-ordinator, what Smith calls a national rapporteur, would be a liaison, make policy recommendations and report annually to Parliament so Canada can track its progress.

 

http://www.montrealgazette.com/news/human+trafficking+plan+bids+make+buying+illegal+Canada/3525934/story.html

[Megan'sTouch 23875]

Actually, making it illegal would probably make sex trafficking easier because victims would not want to come forward for fear of being criminalized.

[Guest W***ledi*Time]

The proposal is the Swedish model, where it is the buying of sex that is illegal. Selling it is not a crime under that legal regime. Of course, there are other serious flaws in the Swedish model.

[VedaSloan 119179]

Why does no one see the complete ridiculousness of the Swedish model?

 

If prostitution is violence towards the sex worker him/herself, then why is it still okay to sell sex? And since when does it make any sense to criminalize the buyer?

 

The Swedish model went into place without any consultation with sex workers, and in the official Swedish language, they do not make any distinction between forced and voluntary, all prostitution is understood as violence against women. They claim to be the most gender neutral, feminist country, but they did not even consider speaking to the sex workers themselves. The Swedish model is yet another example of policy and law makers deciding what is best for us, and treating us like children.

 

In the first year, police used video cameras to collect evidence and harass clients, which meant they had to film both the exchange of money and the sex itself and many workers felt that even though they weren't doing anything illegal, this was being used to violate their integrity.

 

The street clients become more stressed and want to complete the negotiation process as quickly as possible to avoid getting caught and it becomes difficult to assess if the person is a good client if she is supposed to just jump into the car without any negotiation.

 

Many of the "good" clients have turned to indoor workers to avoid getting caught, leaving the street workers to deal with the clients who don't care about getting caught, usually because they already have a criminal record. Prior to the law criminalizing clients, they could refuse these clients, but now they cannot afford to. It comes as no surprise then that they are exposed to more violence now.

 

The decrease in the number of clients for street workers has made them more desperate and more likely to accept unsafe sex practices. And since the police look for condoms as evidence of sex, this is a strong incentive not to carry condoms.

 

So basically, the Swedish model sucks and only forces prostitution further underground. Give your head a shake lady (Joy Smith), you don't know what the fuck you're talking about.

[Megan'sTouch 23875]

The proposal is the Swedish model, where it is the buying of sex that is illegal. Selling it is not a crime under that legal regime. Of course, there are other serious flaws in the Swedish model.

I honestly don't think that would make much difference to the women who come into this country knowing very little English. It's not like these women have the privilege of being well-versed in the laws.

[Cato 160314]

More Puritanism disguised as social policy.

[Guest W***ledi*Time]

I honestly don't think that would make much difference to the women who come into this country knowing very little English. It's not like these women have the privilege of being well-versed in the laws.

 

If the premise is that victims don't know the laws' date=' then I still don't follow the logic of your point, which I thought you were basing on the victim's reaction to their [b']knowledge[/b] of a change in law:

 

Actually' date=' making it illegal would probably make sex trafficking easier because victims would not want to come forward for fear of being criminalized.[/quote']

 

I wasn't trying to start an argument. I've obviously misinterpreted you somewhere here. My bad!

[Megan'sTouch 23875]

If the premise is that victims don't know the laws, then I still don't follow the logic of your point, which I thought you were basing on the victim's reaction to their knowledge of a change in law:

 

I wasn't trying to start an argument. I've obviously misinterpreted you somewhere here. My bad!

I think criminalization around sex work in general causes clients and workers alike to be more fearful and concerned, even if they do not understand the specifics.

 

No need to argue, but I love a good debate.

[Guest W***ledi*Time]

I think criminalization around sex work in general causes clients and workers alike to be more fearful and concerned' date=' even if they do not understand the specifics....[/quote']

 

Ah, now my feeble brain has caught up with you on this one!

[Megan'sTouch 23875]

Ah, now my feeble brain has caught up with you on this one!

It's not your feeble brain, it's me writing faster than I can think!

[Capital Hunter 18263]

The swedish model:

 

makes it illegal to buy or attempt to buy sex either on the street or in a business such as a brothel or massage parlour.

 

Not sure I understand above in full. Would it be only buying sex on the street and in a brothel or massage parlour which would become illegal or any form of buying sex like escorts would become illegal too?. If the latter, then yes it will significantly affect the industry adversely. However, if (assuming) the former, then current law says solicitation in public (street) is illegal already and so is running a brothel or massage parlour (if sex is offered). So I am confused what would be different if Swedish model is adopted in Canada (except that the actual buying of sex rather than solicitation would become illegal but in practice not much would change, unless the law extends to escorts too).

 

The part on selling sex not being illegal makes me wonder how many con artists would pose as prostitutes to attract unwary customers to their place and demand for cash without services unless the clients hand over theirs wallets in full or they would call the cops on them lol as they are not the ones who are breaking the law in this case(and always hard to prove blackmail committed in court since they would not make credible witnessess).

 

In spite of its critics, Swedish model has been reported to have combated human trafficking effectively as published statistics shows criminals seeking easy targets are shying away from that country (so they just displaced the problem to another country). In fact during its first years, prostitution reportedly diminished significanlty in sweden as in my view, likely no one in his right mind would risk a six month jail for sixty minutes of pleasure. In my view, it is fundamentally flawed though as it does not distinguish between voluntary and forced prostitution and also if it is based on equality of gendre (where sweden is so proud of) then why only one side of equation is being punished in this case. It has also driven prostitution into dark quiet dangerous street corners which means prostitutes and clients alike are being in much greater risk.

 

The best strategy in my view would be to combat the dark aspects of prostitution like human trafficking, underage prostitution or forced prostitution more effectively rather than making the whole industry (buying of sex) illegal. The proper manner to address a headache is not to cut off the head lol but to find what is causing the pain and address the problem area effectively lol.

[Guest W***ledi*Time]

The swedish model ... Not sure I understand above in full. Would it be only buying sex on the street and in a brothel or massage parlour which would become illegal or any form of buying sex like escorts would become illegal too? ....

 

It's any form:

Swedish Code of Statutes

SFS 1998:408

Promulgated 4 June 1998

 

A person who obtains casual sexual relations in exchange for payment shall be sentenced

- unless the act is punishable under the Swedish Penal Code -

for the purchase of sexual services to a fine or imprisonment for at most six months

.

 

Attempt to purchase sexual services is punishable under Chapter 23 of the Swedish Penal

Code.

http://www.bayswan.org/swed/swed_law.html

[Doc Odd 103]

Statistics show the Swedish model reducing trafficking, Secret? Which statistics? I know a lot of advocates of the law have "estimated" that it has reduced trafficking and prostitution, but in the cases I've heard about, the basis for these estimates has been laughable when there's been any basis at all. If you've found a serious study of the effects of the Swedish model on the business, I'd like to see it, as it would be something new.

[Capital Hunter 18263]

It's any form:

 

Then it would be a complete tragedy for the industry lol. The problem is that the law was introduced in a (likely most) socially advanced country in Europe and not in some banana republic in middle east and therefore hard to convince people that it is a backward law unless battle is shifted to the dark sides of prostitution (which I support) rather than banning buying of sex as a whole.

 

Still, I can't imagine how they can enforce it for outcall escorts though. Unless they install a hidden camera in my house or employ undercover police officers (a complete police state of the worst kind), there is no way I can think of that they can enforce the would be law on outcall escorting. The fear of six month jail though is bad enough for me at least to stop even outcalls though lol. I anticipate the business would move to strip bars, unless they close them down too. I knew the blue will bring about backward changes lol.

[Doc Odd 103]

Actually, I should have remembered. Swedish law advocates claim that the law must have reduced prostitution and trafficking in Sweden, because they've gone up in Denmark, and the only explanation is that Swedish hobbyists have been going to Denmark instead. There is the small problem that the statistics allegedly showing an increase in Denmark actually show nothing of the sort but have merely been misinterpreted, but advocates of the law have predictably shown no tendency to let reality get in the way of their claiming success.

[Capital Hunter 18263]

Doc Odd, I am certainly not an advocate of Swedish model (making all form of buying sex illegal) but very supportive of effectively combating the dark sides of prostitution (underage prostitution, violence against sex workers, human trafficking,....) and I am neither a swedish citizen or have I ever been to sweden and my source of information is the material that I have read on the internet which almost all claim that the model has been effective to combat human trafficking in that country.

 

I do not attach links as they are plenty related links out there (on swedish model of prostitution law). I quoted what I read on the net followed by my own view on the model with reasons as why I thought the law was full of flaws lol.

[Guest s******ecan****]

It's any form:

Swedish Code of Statutes

SFS 1998:408

Promulgated 4 June 1998

 

A person who obtains casual sexual relations in exchange for payment shall be sentenced

LOL if I was a single guy in Sweeden I wouldn't even buy dinner or a drink for a lady!

 

I think we'll see a real push here at home (a Harper majority government would almost certainly bring in a bill) to outlaw prostitution entirely. conservative religious groups and extreme femenists have found a way to make their moral crusade easier to sell and that is by dressing it up as a fight against "human trafficking".

[Doc Odd 103]

Doc Odd, I am certainly not an advocate of Swedish model (making all form of buying sex illegal) but very supportive of effectively combating the dark sides of prostitution (underage prostitution, violence against sex workers, human trafficking,....) and I am neither a swedish citizen or have I ever been to sweden and my source of information is the material that I have read on the internet which almost all claim that the model has been effective to combat human trafficking in that country.

 

I do not attach links as they are plenty related links out there (on swedish model of prostitution law). I quoted what I read on the net followed by my own view on the model with reasons as why I thought the law was full of flaws lol.

 

http://www.thelocal.se/27962/20100723/

[Carlos85 100]

Great, I feel safe already...:rolleyes:

[Old Dog 179138]

The debate is moot; the best Smith can hope to achieve is a watered down private member's bill that will not see any of her "National Action Plan" goals achieved. That's right... it is HER "National Action Plan"... not representative of the party that she represents.

 

Some of her proposals are not only legislatively impossible but logistically impracticable; she has very little knowledge but expounds greatly. She, in my opinion, is a mere tempest in a teacup.

 

... carry on.

[fortunateone 156618]

I think criminalization around sex work in general causes clients and workers alike to be more fearful and concerned' date=' even if they do not understand the specifics.

 

No need to argue, but I love a good debate.[/quote']

 

That is so true. Look at how many (some in spite of how many times they are told the reality) continue to say emphatically that prostitution itself is illegal. The laws surrounding it make it confusing. I actually read someone (a lawyer) make the claim that selling sex in canada is legal, but buying it is not even tho that is not what the laws actually say, that is what he was interpreting from the bawdy house law. (He also thinks that an sp has to be 19 to work legally, even tho the law clearly states "under 18" meaning that she can work legally at 18, he was reading it to say 18 and under. odd.

 

Additional Comments:

The debate is moot; the best Smith can hope to achieve is a watered down private member's bill that will not see any of her "National Action Plan" goals achieved. That's right... it is HER "National Action Plan"... not representative of the party that she represents.

 

Some of her proposals are not only legislatively impossible but logistically impracticable; she has very little knowledge but expounds greatly. She, in my opinion, is a mere tempest in a teacup.

 

... carry on.

 

 

I would have to agree here. Even from the original post it seems that the human trafficing laws that are in place already seem to work well enough. The majority of attempted charges tend to fall apart because no evidence of trafficking actually appears since it mostly doesn't happen.

 

I think what happened mostly in Sweden is that visiting sps from other European countries stopped visiting. These would be your professional sp, but traveling for work always falls under the "trafficking" umbrella. Now, tho, many Swedish sps can no longer work safely in their own homes, and they travel outside of the country instead. Big improvement #1. :rolleyes: So, yes the incoming traffick is greatly reduced, but the exporting traffick is increased.

 

The law is designed to be female friendly. The sp will not be charged or fined for her part in the "crime". Big improvement #2. :rolleyes: The clients she gets, and where she gets them, puts herself in a great deal more risk and danger, unless she chooses to leave the country for work.

 

I doubt if her attempt will fly; I think most LE does not want the train wreck that is the US approach to prostitution. At least the current laws surrounding prostitution allows them to focus on the real problems.

[Suzirider 737]

LOL if I was a single guy in Sweeden I wouldn't even buy dinner or a drink for a lady!

 

I wonder if the Swedes that are married, keep their license handy, just incase hubby comes home and hands wifey his paycheck, and while getting some lovin, the sex police raid his house ! :roll:

[Guest s******ecan****]

The debate is moot; the best Smith can hope to achieve is a watered down private member's bill that will not see any of her "National Action Plan" goals achieved. That's right... it is HER "National Action Plan"... not representative of the party that she represents.

 

Some of her proposals are not only legislatively impossible but logistically impracticable; she has very little knowledge but expounds greatly. She, in my opinion, is a mere tempest in a teacup.

 

... carry on.

 

I disagree here....this is very much representative of the "socially conservative base" of the Conservative Party which is having an increasing influence on the party's social positions (recent decision not to provide funding to International Sex Ed programs that advocate abortion, recent move to strike references to sexual orientation equality from documents relating to the Citizenship program etc etc).

 

For now it may be a private members bill but if they achieve a majority this type of legislation will be seriously considered. Don't underestimate this crowd they are real and they are serious.

[Cato 160314]

I completely agree with you, scott.

It may just be a trail balloon right now, but it indicates the drift of that lot.

[Capital Hunter 18263]

http://www.thelocal.se/27962/20100723/

 

Thanks for the link Doc Odd. There are also many other links which would argue completely the opposite. It appears only logical that unreasonably harsh punishments (only justfied for the dark side of prostitution) when applied to voluntary prostitution (sex between consenting adults) would deter many (including myself and likely many others too) from hobbying and will push down the demand and so I for one tend to believe those statistics (or links) which indicate a significant decrease, but I am certainly not fanatic in my belief. In fact I hope that this full of flaws model will never even come close to our borders as I see it ridiculous for reasons I mentioned in my earlier posts.