NEWS
14 Obiter Dicta
Bill C-36
» continued from cover
While the Conservatives purport that they aim to
reduce demand for sex services (which they equate
to exploitation, but more on that later), what they’ve
actually done is made working in the industry less
safe. There is no evidence to suggest that demand for
sex services in Sweden has dropped since its new laws
were implemented. Furthermore, violence against
sex workers has grown while reports of violence have
declined. The PCEPA’s provisions will provide incentives for purchasers of sex services to remain anonymous, limiting the ability of sex workers to deter
violence by screening clients or collecting personal
information. Purchasers will also likely be less willing to perform an exchange in a safe location where
the worker will be visible to others. By making the
purchase of sex illegal, the PCEPA will push sex work
back into the shadows, creating dangerous work conditions and a significant risk of harm. Beyond this,
purchasers will be less inclined to report a sex worker
who appears to be underage or a potential trafficking
victim for fear of prosecution.
The PCEPA makes it a crime for any third party to
earn money that is “derived directly or indirectly”
from the sale of sexual services, unless it is a sale of
a good or product that is sold to a sex worker on the
same terms as the general public, or is a private service provided to a sex worker that doesn’t “counsel
or encourage” sex work. It will be next-to-impossible for sex workers to come together to form a brothel
that includes any form of management or security as
anyone running or employed by a brothel could be
charged. Sex workers will likely be forced to work
individually, removing any form of safety net formed
by working in a group. The PCEPA does allow sex
workers to work at home, and allows those who have
a “legitimate living arrangement” with a s W