The Debate Over Sex Work Laws in Canada

Sex work has been a highly controversial and divisive issue in Canada for decades. While sex work is not illegal in Canada, many aspects of it are criminalized, including communication for the purpose of prostitution, operating a brothel, and living off the avails of prostitution. These laws have been widely criticized by sex workers and advocates, who argue that they place sex workers in danger and limit their ability to work safely and without fear of persecution.

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Growing Calls for Reform

In recent years, there has been a growing movement in Canada to decriminalize sex work and provide better protections and support for sex workers. This movement has been driven by sex workers themselves, who have been vocal and active in advocating for their rights and dignity.

The Canadian Context

A Complicated Legal History

Canada's laws surrounding sex work have a long and complicated history. Until 1972, sex work was illegal, and those involved faced severe stigma. After 1972, the federal government took a partial legalization approach—legalizing some aspects while criminalizing others—creating a contradictory legal landscape.

The 2013 Supreme Court Ruling

In 2013, the Supreme Court of Canada struck down several key laws, ruling that they violated sex workers' rights to safety and security. The federal government was given one year to replace them.

The 2014 Legislation

In response, the government introduced new legislation in 2014 that:

Criminalized the purchase of sex (but not the sale)
Criminalized advertising sexual services
Criminalized many related activities such as operating a brothel

These laws remain contentious and are widely seen as harmful by sex workers and advocates.

The Case for Decriminalization

Safety and Wellbeing

Proponents argue that decriminalization is essential to ensure sex workers’ safety. Criminalization pushes sex work underground, increasing vulnerability to violence, exploitation, and abuse.

Better Regulation and Oversight

Decriminalization would allow the government to collaborate with sex workers, creating safer, clearer, and more transparent regulations. This would also help reduce exploitation by making the industry less hidden.

The Case Against Decriminalization

Opponents claim decriminalization could increase the number of sex workers and make trafficking harder to detect. They argue it might normalize the industry.

Examining the Evidence

However, international research does not support these fears. Studies consistently show that:

Criminalization increases violence and exploitation
Decriminalization improves safety, health access, and reporting of crimes

The Canadian Experience

Ongoing Federal Review

In 2020, the Canadian government began a review of sex work laws to determine whether changes are needed. Debate remains fierce, with strong support on both sides.