Smith seeks to boost laws on human trafficking

canada-man

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Keeping an eye on Joy Smith who wants to punish TERB Hobbyists. I haven't seen anything on the SPOC.Ca site(sex professionals of Canada) on Smith's proposed to outlaw the buying of sex where in both Norway and Sweden is not working.


OTTAWA -- Canadians who exploit children or traffic humans outside our borders could still be prosecuted in Canada if a new private member's bill from a Manitoba MP makes it through the House.

But a law to make buying sex a crime will have to wait.

Kildonan-St. Paul MP Joy Smith introduced her new bill earlier this month. It will come up for debate Oct. 25.

Human trafficking is sometimes referred to as the modern-day slave trade. It is defined by the United Nations as the recruitment, transportation, harbouring or receipt of people using threats, violence, force, fraud or deception. Most of the victims are women, about half are children and about 70 per cent are trafficked for the purpose of sexual exploitation. Others end up in forced-labour situations, often as domestic help or in illegal drug operations. Human trafficking was added to the Criminal Code in 2006.

Smith's latest legislation seeks to go after Canadians who traffic victims abroad. Currently, Canadian laws can only prosecute offenders who traffic people into, out of or through Canada.

Smith said that's not good enough, when so many countries where the victims come from can't or don't have the ability to prosecute offenders.

"We need to take responsibility for Canadians who traffic and enslave victims in other countries," said Smith.

The bill also gives more specific examples of what exploitation is to aid prosecutors in court.

However what the bill won't do is enact a Nordic model of prostitution, which views women who sell sex as victims and the men who buy sex as the criminals. In Sweden, being caught buying sex could net you a year in jail or a fine of up to 50 days pay.

Currently in Canada it is illegal to keep a bawdy house, live off the avails of prostitution or procure a person into the sex trade. It is not illegal to sell or buy sex.

Smith's national strategy on human trafficking included going after the buyers and last July she said she intended to use her next private member's bill to do so.

However last year an Ontario judge struck down Canada's prostitution laws and said they were unconstitutional. Ottawa is appealing that decision.

A source in the government said the fear was if Smith's bill was put on the order paper it could upset the government's argument on appeal.

It is likely if a law to charge the buyers of sex ever appears it will come from cabinet rather than the backbench, so the changes can be better supported with programs and money.

The Swedish law has been in place since 1998 but has had mixed reviews in its impact on the sex trade.


http://www.winnipegfreepress.com/local/smith-seeks-to-boost-laws-on-human-trafficking-131772493.html




Is there a right way to deal with prostitution?

Posted by John Michael McGrath on Thursday, October 20, 2011

There's an interesting op-ed in the Toronto Star today, brought to my attention by @firecatkitty on Twitter. It responds to the question, now before the Ontario appeals courts, of what to do with our laws on sex work. In particular, this part:

Conservative MP Joy Smith has one answer: more criminal law. Smith’s campaign to criminalize the purchase of sexual services reflects a crusade by conservatives, evangelical Christians and some feminist organizations to import Swedish prostitution laws to Canada. These laws decriminalize sex workers while criminalizing purchasers (clients). The purchase of sexual services is not currently illegal in Canada. The Swedish model aims to eliminate the sex industry by “ending demand” for prostitution. In this imaginary scenario, criminal sanctions will eliminate clientele for commercial sex and thereby end sexual exploitation.

Measured on its own terms, the Swedish model has proven ineffective and harmful. In Sweden and other Nordic countries that have adopted such legislation, prostitution has not been eliminated, only reshuffled. Sociological research in Sweden has shown a significant shift from street-based to online sexual advertising since the law was adopted in 1999.

I first heard about the Swedish model several years ago as an alternative to Amsterdam-style legalization and regulation. Sweden's laws were motivated by a belief that prostitution is, in itself, a form of violence against women and that they are victims in the sex trade. But criminalizing any part of the trade still leaves sex workers with many of the same problems. One issue in Sweden is that it still leaves women and their clients vulnerable to blackmail.

Importing another form of criminalization to replace Canada's current one doesn't seem like a giant leap forward. It will be interesting to see how the Appeals court—and then, of course, the Supreme Court (with two new judges) rules on this matter.

http://toronto.openfile.ca/blog/curator-blog/curated-news/2011/there-right-way-deal-prostitution
 

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I support harsher laws on human trafficking and legalized prostitution.
 

canada-man

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http://www.thestar.com/opinion/editorialopinion/article/1072845--why-anti-john-laws-don-t-work


Why anti-john laws don’t work

The Ontario Court of Appeal is due to release its decision on the constitutionality of Canada’s criminal laws around adult prostitution. Last year, the Ontario Superior Court of Justice struck down these laws, finding that they significantly contribute to danger for sex workers. If the current laws are unconstitutional, what comes next for the regulation of prostitution in Canada?

Conservative MP Joy Smith has one answer: more criminal law. Smith’s campaign to criminalize the purchase of sexual services reflects a crusade by conservatives, evangelical Christians and some feminist organizations to import Swedish prostitution laws to Canada. These laws decriminalize sex workers while criminalizing purchasers (clients). The purchase of sexual services is not currently illegal in Canada. The Swedish model aims to eliminate the sex industry by “ending demand” for prostitution. In this imaginary scenario, criminal sanctions will eliminate clientele for commercial sex and thereby end sexual exploitation.

Measured on its own terms, the Swedish model has proven ineffective and harmful. In Sweden and other Nordic countries that have adopted such legislation, prostitution has not been eliminated, only reshuffled. Sociological research in Sweden has shown a significant shift from street-based to online sexual advertising since the law was adopted in 1999.

What did these laws accomplish? They made sex work more dangerous. In recent research from the University of Leiden, Swedish sex workers report having to rely more on third parties (agents, pimps or helpers) because clients are nervous about direct contact with workers. Street-based workers report having to work in more isolated areas and to rush transactions, increasing their danger.

If Canada adopts the Swedish model, we can expect a disproportionately negative impact on street-based sex workers, the most vulnerable workers in the sex industry. Since the mid-1980s, street-based transactions have accounted for the lion’s share of prostitution-related charges in Canada. As many urban areas face the pressures of gentrification, street-based sex workers and their clients, homeless persons, and street-based drug users and sellers become common targets of police sweeps. “Not in my backyard” campaigns result in street-based sex workers and their clients being much more heavily policed than indoor sex workers. Criminalizing purchasers of sexual services would force street-based workers to continue to resort to furtive and isolated transactions with clients who are seeking to avoid arrest.

And herein lies the hypocrisy of the prohibitionist campaign. Advocates of “ending demand” claim the moral high ground by asserting that their efforts to eliminate commercial sex are motivated by a desire to end sexual exploitation and to protect women. But the evidence suggests that the Swedish approach in fact increases dangers for a significant proportion of these women.

Prohibitionists calling for the adoption of the Swedish model reduce all sex workers to victims and all clients to perpetrators. They gloss over a diverse industry that includes independent home-based sex workers, street-based survival sex workers and male and female escorts. This is inconsistent with the diverse experiences of Canadian sex workers, some of whom feel exploited while others do not.

Coercion and exploitation in markets is not unique to sex work. Yet in no other service industry are concerns about exploitation met with proposals to outlaw demand. The commercial sex industry is singled out because it is still subject to moral disdain and stigma. This moralism and stigma costs lives.

We all want to end exploitation and coercion in the sex industry and to address the social conditions that leave some women and men with few choices other than to engage in sex work. But continuing the failed and misguided experiment of criminalization is not the answer.

Let us instead support the efforts of Canadian sex workers to fully decriminalize the adult sex industry and secure safer working conditions. In order to end exploitation and coercion in the sex industry, we should focus on social and legal reforms that will make a meaningful difference for all vulnerable workers: labour and employment protections, increased social assistance rates, affordable housing and child-care programs, accessible mental health and substance abuse treatment, immigration protections for migrant workers, and ongoing resistance to sexism, racism and other forms of oppression. Evidence-based policies, not ideological reactions, will address the real harms to workers in and beyond the sex industry.

If we identified the underlying social and economic causes of vulnerability and exploitation, we may be inspired to undertake far more transformative measures than the doomed criminal law project of “end demand.”

Lisa M. Kelly, a Trudeau Scholar, is a doctoral candidate at Harvard Law School and a Fellow in the International Reproductive and Sexual Health Law Program at the University of Toronto’s Faculty of Law.

Katrina Pacey is litigation director at Pivot Legal Society in Vancouver and counsel in the constitutional challenge to prostitution laws currently underway in British Columbia.

On Oct. 20, the International Reproductive and Sexual Health Law Program at the University of Toronto’s Faculty of Law will host an afternoon panel discussion on “The Myths of ‘Ending Demand’ for Prostitution.”
 
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