Bill C-36 ‘absolute gold’ for Tory Party base, says pollster Lyle
http://www.hilltimes.com/news/2014/...-for-tory-party-base-says-pollster-lyle/39138
But opponents of government’s anti-prostitution efforts accuse Tories of pushing unconstitutional law to score political points.
Valerie Scott, one of the plaintiffs named in last year’s landmark Supreme Court decision in Bedford v. Attorney General of Canada and legal coordinator for Sex Professionals of Canada, says that many sex workers feel “burned” by the fact that some of their clientele are affiliated with the Conservative Party and support Bill C-36, which passed the House committee stage last week.
“If I were to tell you about every MP, MPP, and city councillor that I either know or know of who is a client of sex workers, it would really shake things up a bit, and I’m not the only one,” Ms. Scott told
The Hill Times in a phone interview. “We don’t see anything wrong with people seeing sex workers because that’s what we do, but given the hypocrisy of the Conservative Party pushing through legislation that will cause us catastrophic harm, some sex workers are saying, ‘Gee, maybe they need a taste of their own medicine.’”
National Post columnist John Ivison caused a stir in Ottawa last week when he tweeted that sex workers in Ottawa were compiling a list political clients who use their services, particularly Conservative MPs. As Mr. Ivison noted, MPs in Ottawa “have more opportunity than most” to dabble in the sex industry given their frequent absences from home while representing their constituents in Parliament.
According to his follow-up column in the
National Post, members of Prostitutes of Ottawa/Gatineau Work, Educate and Resist (POWER) had discussed the possibility of outing certain politicians as buyers of sex, but anger over Bill C-36 was trumped by discretion because “it would be career suicide for them, no one would want to use their services,” said to Emily Symons, chair of POWER.
Known cases of federal legislators getting caught or accused of getting caught in the act are few and far between. Long-serving Bloc MP Louis Plamondon (Bas-Richelieu—Nicolet—Bécancour, Que.) was charged with soliciting a prostitute in an RCMP sting in Ottawa’s Byward Market in the mid-nineties, but the charges were dismissed. In 1999, now-retired Conservative Senator and world-renowned heart surgeon Wilbert Keon was ordered to attend john school after pulling over to speak with what turned out to be an undercover policewoman, but no charges were laid. Mr. Keon continued to serve in the Senate until his retirement in 2010, in spite of the transgression. In the final days of the last federal election, allegations surfaced that then-NDP leader Jack Layton had been cautioned after being caught by police in a Toronto massage parlor during his time as city a councillor.
“I don’t really like the idea of outing anyone, but damn it’s tempting,” said Ms. Scott, who suggested that it was better for political figures to be implicated after Bill C-36 passes. “It would take out a sizeable chunk of the Conservative Party. They’d have to be charged for using sexual services [under Bill C-36]. Right now they wouldn’t, because it’s not law yet.”
One source told
The Hill Times that the rumours of a running list of political clientele among Ottawa’s sex workers was “ridiculous.”
“No sex workers that I know in Ottawa, and I know many, have any idea where this came from,” said Sophia, an Ottawa-based sex worker, when asked by The Hill Times about the rumoured list. “You asked not so much about whether escorts were planning to out MPs, but if we had MPs as clients. My answer to that question would actually be that it’s none of anyone’s business.”
Witnesses who testified on Bill C-36 at the House Justice and Human Rights Committee earlier this month were divided on the legislation, which seeks to shift the criminality in Canada’s prostitution laws to the buyers of sex rather than the sellers. The bill is in response to last December’s Supreme Court decision in the Bedford case, which ruled that longstanding Criminal Code offences related to keeping a bawdy house, living off the avails of prostitution, and publicly communicating for the purpose of prostitution violated the Charter of Rights and Freedoms’ Sec. 7 right to life, liberty, and the security of person by putting sex workers at increased risk of violence and victimization.
According to the government, Bill C-36 is a Canadian version of the so-called ‘Nordic Model’ used by some European countries to tackle prostitution by reducing the demand for paid sexual services.
However, the bill prohibits advertising the sale of sexual services and significantly restricts where sex workers are able to operate. Critics of the bill, including Sexual Professionals of Canada, say the bill still violates sex workers’ Charter rights by forcing them to meet their clients in out-of-sight areas, effectively putting them at risk of violence.
The committee heard from some 80 witnesses over the course of a week before voting on amendments last week. Many of the opponents of the bill said it would continue to put sex workers in harm’s way, while supporters of the bill said it would protect women and girls from exploitation and human trafficking. Last week, government MPs amended the bill to define areas that sex workers are prohibited from offering their services, namely schools, playgrounds, and daycares. The bill originally prohibited the sale of sex in any location where minors could “reasonably be expected to be present.”
Liberal justice critic Sean Casey (Charlottetown, P.E.I.) said that the amendments aren’t enough to save the legislation from being struck down on constitutional grounds.
“This bill can’t be saved by amendments. It’s not constitutionality sound and there was no tweaking that would have made it so,” said Mr. Casey, the lone Liberal member of the committee. “There are several grounds under which this will be attacked, and I think some will be successful.”
Mr. Casey cited numerous provisions in Bill C-36 that remain constitutionally vulnerable, including restrictions on communicating or advertising for the sale of sex. He accused the government of applying its “tough on crime” agenda to the Nordic model by continuing to criminalize the activities of sex workers.
“[Justice Minister] Peter MacKay on day one talked about ‘the pimps and the perverts.’ What more charged language could you come up with than that,” said Mr. Casey. “It’s all amped up to be consistent with the theme of being ‘tough on crime,’ as opposed to being guided by the evidence. That’s been consistent with their criminal justice agenda from day one. I don’t think there’s any question that while it’s bad policy, for them it’s good politics.”
The federal government had conducted polling on public attitudes towards prostitution in Canada before tabling Bill C-36 on June 4, but has withheld the findings of the Ipsos-Reid survey throughout the legislative process.
The Toronto Star obtained the research last week and published findings that Canadians are deeply divided on the issue. According to the survey of 3,000 respondents, 49.8 per cent believe selling sex should be illegal, compared to 45.4 per cent who said the sale of sexual services should not be prohibited.
Greg Lyle, president of polling firm Innovative Research, said that the issue is “absolute gold” for the Conservative Party. With Canadians divided down the middle on prostitution, Mr. Lyle said, the Conservatives are able to re-energize their base and draw swing voters away from the Liberals and NDP, who have taken a more laissez-faire position on the Bedford ruling.
“Think about Liberals in the Ottawa Valley, good rock-rib Catholics. What are they going to think about the Liberal Party fighting for the rights of people to sell sex? Are they going to think that it’s a good thing? Probably not,” said Mr. Lyle, who has previously worked with Tory leaders including former Progressive Conservative leader Kim Campbell and former Ontario P.C. premier Mike Harris.
“It’s an interesting issue and it’s a much better issue in terms of the split for the Tories than many of the issues they’ve won in the past.”
Ms. Scott described the government’s approach as “legal moralism at its worst.”
“It’s to shore up money for the Conservative Party and score points for the upcoming federal election in 2015,” she said. “When you create crimes through legislating that have nothing to do with theft or violence, just making a crime out of consensual adult sex, that truly is legislative sex worker bashing, just to raise some money and some votes.”