The Government of Canada has launched an online consultation asking Canadians to weigh in on the Criminal Code for prostitution-related offences.
The online questionnaire was introduced in response to the Supreme Court of Canada decision in the Bedford v. Attorney General of Canada case.
In December 2013, the court found three Criminal Code prostitution offences to be unconstitutional and of no force or effect:
- The bawdy house offence with respect to the practice of prostitution (section 210 prohibits keeping and being an inmate of or found in a bawdy house);
- The living on the avails offence (paragraph 212(1)(j), which prohibits living in whole or in part on the earnings of prostitutes); and
- The communicating offence (paragraph 213(1)(c), which prohibits communicating in a public place for the purpose of engaging in prostitution or obtaining the sexual services of a prostitute).
The decision gives parliament one year to respond before the judgment goes into effect and the government is collecting input from Canadians on the criminal law's response to adult prostitution.
The online questionnaire asks the following six questions:
- Do you think that purchasing sexual services from an adult should be a criminal offence? Should there be any exceptions? Please explain.
- Do you think that selling sexual services by an adult should be a criminal offence? Should there be any exceptions? Please explain.
- If you support allowing the sale or purchase of sexual services, what limitations should there be, if any, on where or how this can be conducted? Please explain.
- Do you think that it should be a criminal offence for a person to benefit economically from the prostitution of an adult? Should there be any exceptions? Please explain.
- Are there any other comments you wish to offer to inform the Government's response to the Bedford decision?
- Are you are writing on behalf of an organization? If so, please identify the organization and your title or role:
"Our Government is concerned about the significant harms that flow from prostitution to communities, those engaged in prostitution and other vulnerable persons. 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. We will be taking action to maintain the safety of our streets and communities, for the benefit of all Canadians," said Justice Minister Peter MacKay.
The online consultation is live from February 17 to March 17, 2014.
Click HERE to provide input online to the Department of Justice's consultation questions or email comments directly to Consultations.Prostitution@justice.gc.ca
