Research publications

Canada’s approach to dealing with prostitution (consensual sex between adults for money, also referred to as sex work) is multifaceted, combining criminal laws at the federal level, provincial/territorial laws and municipal measures, highlighting the various jurisdictional responsibilities at play. At the federal level, Canada’s approach to prostitution changed significantly following the 2013 decision of the Supreme Court of Canada in Canada (Attorney General) v. Bedford in which the Court struck down three prostitution-related Criminal Code provisions as unconstitutional. Parliament responded with new legislation in 2014, basing the legal framework on a conception of prostitution as a form of sexual exploitation, with the goal of reducing and ultimately abolishing prostitution to the greatest extent possible. Under this new paradigm, the purchase of sexual services is prohibited, as is advertising or receiving material benefits from the sale of another person’s sexual services. However, with some exceptions, sex workers are not prohibited from selling, offering or advertising their own services. This HillStudy provides an overview of international law relating to prostitution, the federal approach to prostitution under the Code, and provincial/territorial and municipal measures that aim to deal with specific issues at a practical level.

Over the last 30 years, the governments of various Western democracies have made significant changes in their approach to managing prostitution. However, little consensus exists on the most appropriate legislative response. In various countries, attempts to adopt a new legislative approach (whether to enact or repeal criminal penalties) have sparked fierce controversy. Though the similarities between these legislative approaches are not always immediately apparent, all of them express the aims of both protecting the health and safety of sex workers, and preventing their exploitation by pimps or clients. This paper reviews the key legislative approaches to prostitution in a number of Western jurisdictions (Australia, New Zealand, the Netherlands, Sweden, United Kingdom and the United States). In particular, it examines the specific laws and/or regulations these countries and states have instituted, and it discusses how they appear to have fared in meeting their objectives.