Survey Shows Canada Divided on Sex Work; Majority Thinks Selling Sex Should Not Be Considered Illegal

Canada’s Department of Justice initiated an online survey on February 2014 to measure the public’s attitude toward prostitution, following a December 2013 ruling by the Supreme Court that struck down Canada’s anti-prostitution laws. More than 31,000 people responded to the online survey.

Results from the survey showed majority believed those that should be punished should be the people who solicited or profited from prostitution rather than prostitutes themselves. About 56 per cent said purchasing sexual services should be a criminal offence, while those who said it shouldn’t be criminalised were 44 per cent.

However, 66 per cent said selling sex should not be a criminal offence, while 34 per cent said it should be.

Canadian law generally treats prostitution in one of three ways:

• Decriminalisation/legalisation: seeks to reduce the harms associated with prostitution by decriminalising both the purchase and sale of sexual services and regulating the way in which prostitution takes place (implemented in Germany, The Netherlands, New Zealand and Australia);
• Prohibition: seeks to eradicate prostitution through the prohibition of both the purchase and sale of sexual services, as well as the involvement of third parties in prostitution (implemented in the U.S., except in Nevada); and
• Abolition (the “Nordic Model”): seeks to abolish prostitution through criminalisation of those who exploit prostitutes (clients and third parties) and decriminalisation of prostitutes themselves, who are viewed as victims of sexual exploitation and assisted through programs (implemented in Sweden, Norway and Iceland).

Canadians were invited to respond to the online public consultation by filling out and submitting the online form through the following questions:

1. Do you think that purchasing sexual services from an adult should be a criminal offence? Should there be any exceptions? Please explain.
2. Do you think that selling sexual services by an adult should be a criminal offence? Should there be any exceptions? Please explain.
3. 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.
4. Do you think that it should be a criminal offense for a person to benefit economically from the prostitution of an adult? Should there be any exceptions? Please explain.
5. Are there any other comments you wish to offer to inform the Government’s response to the Bedford decision?
6. Are you writing on behalf of an organization? If so, please identify the organization and your title or role.

“The volume of responses to the department’s online consultation on prostitution-related offenses is indicative of the significant level of public interest in, and engagement on, the issue of prostitution in Canada,” the report said.

IBT