As the Supreme Court deliberates on the constitutionality of Canada’s prostitution laws, the Evangelical Fellowship of Canada released a report examining how to put an end to prostitution in Canada. Out of Business: Prostitution in Canada – Putting an End to Demand argues that current laws are ineffective and that any reforms should be based on the “Nordic model.”
Prostitution itself is not illegal in Canada. Rather, brothels, living off the avails of prostitution, and communicating publicly for purposes of prostitution are banned under the Criminal Code. “Canada’s current prostitution laws reduce the visibility of prostitution-related transactions … but fail to properly address the fundamentally exploitive nature of prostitution,” states the report. Instead, prostitutes, who are often coerced or pressured into the trade, have been disproportionately prosecuted compared to the purchasers.
Two legal models have been developed to address prostitution. The first one, exemplified in the Netherlands, fully legalizes prostitution in an effort to protect prostitutes. The second one, developed by Sweden and adopted by other Nordic countries, criminalizes the purchase of prostitution while offering support services to help prostitutes exit the trade. The Nordic model has been much more successful than the experience in the Netherlands in reducing prostitution. In Stockholm, street prostitution dropped by two thirds and the number of johns fell by 80 per cent.
The report outlines how Canada could adapt the Nordic model and draw on current provincial initiatives as well as the federal government’s action plan against human trafficking to make an effective strategy combatting prostitution. The importance of cooperation between the different levels of governments as well as the private sector, non-profit groups, and religious organizations is emphasized.
The EFC recommends providing a clear definition of the exploitive nature of prostitution and criminalizing the purchase of and profiting from sex while making sure that prostitutes themselves are not considered criminals. It also advocates the implementation of programs to re-educate perpetrators, the establishment of a national action plan, support for programs for prostitutes, and the creation of a public awareness campaign.
“Despite three thorough government-initiated studies and reports since 1983, all agreeing that the status quo is unacceptable, our laws have remained unchanged. Now we have the experience of other countries, demonstrating what does and doesn’t work, on which to build,” said Don Hutchinson, EFC vice president and general legal counsel, in a press release. “Regardless of the outcome at the Supreme Court, our laws and policies in this area are in need of change.”
