The bill drew no support from the New Democratic, Liberal or Green parties.
Opposition parties expressed dismay at the time allocation imposed on the debate, arguing the vote was rushed. But Justice Minister Peter MacKay defended the decision, noting the importance of having a new law in place by the end of the year the Supreme Court of Canada had given in which the existing prostitution laws would remain in effect after being struck down as unconstitutional last December.
MP Joy Smith, an expert on human trafficking who prepared the ground for the bill through building widespread civil society support for abolition, spoke passionately about the bill during debate.
“Over the past few weeks, survivors and frontline agencies have sent a clear message calling on Members of Parliament to support a ‘Made in Canada’ model that criminally targets pimps and johns and not vulnerable women and youth, encourages the exit from prostitution and reflects the exploitation inherent in prostitution,” said Smith.
“For the first time in Canadian history, Bill C-36 will amend the Criminal Code and shift the burden of criminality from the sellers to the buyers,” said Smith in a statement. “Johns arrested for purchasing or attempting to purchase sex will face stiff fines and/or jail time.”
The Standing Committee on Justice and Human Rights will review the bill before it comes back for Third Reading before the House of Commons in the fall.
In her June 12 speech during debate on the bill, Smith blasted the way newspapers and other media have been telling Canadians “prostitution is a legitimate occupation for women and that it is entirely separate from sex trafficking and exploitation.”
“This is a lie,” she said. “Prostitution exploits women, youth and vulnerable populations,” she said. “It escalates gender inequalities by turning women's bodies into a commodity to be bought, sold, rented and exploited by men. In short, prostitution provides an avenue for abuse and violence.”
Smith also stressed the clear link between human trafficking and prostitution.
“It has been appalling to hear from pro-legalization lobbyists over the past weeks that criminalizing the demand would make things more unsafe for women in prostitution and that it would have devastating consequences,” she said. “This argument is absolutely absurd.
“One study that interviewed 100 prostitutes in Vancouver found that violence is the norm for women in prostitution,” she said. “Sexual harassment, verbal abuse, stalking, rape, battering and torture are the points on a continuum of violence, all of which occur regularly in prostitution. This violence is perpetrated by johns and pimps.”
She called for a paradigm shift.
“Canada's approach must recognize that prostitution itself, not just violence, is a form of violence,” she said.
Smith outlined the problems faced by the countries that have legalized or decriminalized prostitution — ranging from increased human trafficking to more violence against women.
“Let us look at another implication of the policies of the NDP and the Green Party, and now we have heard from the Liberal Party as well,” Smith said. “If prostitution were to be legalized and treated as an industry, women would be expected to apply for all job openings before being eligible for EI, so if our daughters have just been laid off, they would be expected to apply at the local brothel before being eligible for EI.
“That is not the future I want for my daughters and it is not the future that Canadian parents want for their children.”
On June 12, during debate on the bill, NDP Justice Critic Francoise Boivin pointed out the Criminal Code already prohibits exploitation of minors and human trafficking. The Supreme Court “is not precluding the government from imposing limits on where and how prostitution may be conducted, as long as it does so in a way that does not infringe the constitutional rights of prostitutes.”
Other Opposition MPs criticized the bill for inadequately addressing the safety concerns of prostitutes.