I recently asked whether the vague definition of “sexual services” and definition of the Internet as a public space could be used to make the anti-prostitution Bill C-36 ban pornography. Regardless of how one feels about porn, such a thing would certainly require a debate, and it’s a question worth asking.
I also looked at the obvious aspects of C-36 that have sparked outrage from sex workers, and occasionally even from abolitionists.
There are further discussions as well — more concrete than speculation, but still under the surface of the legislation itself.
Conflating sex work with human trafficking
Anti-prostitution Bill C-36 explicitly puts sex work on the same footing as human trafficking and conflates the two in law. Indeed, they have been consciously equated by Peter MacKay and by the bill’s proponents.
The rhetoric used when introducing the bill also does this, through employing a language that claims that people (particularly women) sell themselves or are sold as commodities, rather than simply selling a service. Under this line of thinking, it is considered impossible that sex workers might retain any personal autonomy.
Human trafficking certainly exists, although not as frequently as it is often claimed (studies that claim high numbers of trafficking incidents often similarly conflate it with sex work). The fact that it happens less often does not mean that we should care less or believe that the occurrences of it are somehow less horrible — but it does justify recognizing when the scope of it has been unjustly stretched beyond what human trafficking actually is.
The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (or Trafficking Protocol) defines human trafficking as:
“The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs….”