The Sex Industry in Canada: Legalizing of Prostitution - Research Paper Example

 Q6. Should prostitution and/or its ancillary activities be legal in Canada? If so, should any restrictions or regulations exist on sex trade? If not, what is the correct legal framework for criminalizing it (e.g., the ‘Nordic model’? Canada’s recently overturned prostitution laws? The Harper government’s new ‘made in Canada’ approach?) ? Develop and defend a position on this controversial legal issue. Prostitution is an issue that has been around since the ancient times, but has generated many controversies regarding legalizing or handling it in many nations. In Canada, the government has less than six months to rewrite the legislation concerning prostitution, after the Supreme Court overturned Canada’s anti-prostitution laws holding that they were grossly disproportionate (BBC, 2013). Prostitution between two consenting adults in Canada should be made legal. Though widely disputed around the globe, prostitution is part of everyday reality in the societies and the governments should strive to respect their citizens’ individual choices, provided they do not infringe on other people’s rights. Prostitution has been legalized before in countries like Netherlands, which is stated to be a success and well regulated compared to places like Australia and Germany (Trifiolis, 2014). Legalization of prostitution will enable the Canadian government to regulate the prostitution businesses and the sex industry. Other than gaining additional revenue from the sex industry’s taxation, the government can help improve the position of the prostitutes in terms of their health code, safety and prevention from financial exploitation, and coercion into illegal activities. Many individuals can acquire stable finances to cater for their families, life expenses, and their well-being. If prostitution in Canada is to be legalized, certain ancillary activities related to prostitution ought to be legalized too, to make the industry formal. Prostitution has become an unsafe business for those practicing it, because they are forced to operate in secrecy. It is difficult to for sex workers to report most of the on-going crimes and the violence they experience from their operating environment, because of the unfair regulations on ancillary activities. Businesses today need to operate on fair terms for strategic marketing. Prostitution in Canada has been denied very powerful opportunities, such as advertisement and management activities to market and handle the business like any other service industry. While aiming at balancing to maintain societal morality and support the sex industry, the government should at least provide partial legal frameworks, when it comes to dealing with ancillary activities of prostitution. These businesses and sex workers need to operate on legalized premises and even offered accounting services, all of which legitimize their operations and help them operate within allowed regulations. However, ancillary activities linked to crimes like sale and distribution of drugs should not be legalized. Successful operations of the sex industry must be regulated and given equal importance as other commercial businesses. Legalization of prostitution and some of the ancillary activities would attract numerous businesses that need to be controlled by the authority. Without restriction on sex trade, it would be impossible for sex workers and affiliated personnel to distinguish what is a crime from another activity in the industry. There should be regulations concerning the bawdy house or where sex workers are authorized to operate from, where to advertise their services while considering the minors or society, restrictions of their public operations and decriminalization of other affiliated persons like drivers, shopping boys, managers, among other regulations. Regulations should ensure that human trafficking, forced labour in the sex industry for minors, and illicit drug trade are strictly subject to criminal punishment by the law. Restrictions in sex trade would help reduce abuses and exploitations in the business, and help the government fight crimes and illegal activities, since sex workers are assured of protection and rights in the workplace, allowing them to report crimes and abuses to the law enforcement. It does not go without appreciating the risk the society and government is exposed to when prostitution is legalized. Apparently, sex workers become the easiest targets for drug dealers to work with to distribute drugs in clubs and bars. That is why even with legalization of prostitution, its ancillary activities would still be held illegal, to prevent further harm and increased crimes in the society. Prostitution is not the main issue in Canada, rather the ability of the parliament to formulate policies on how prostitution should be carried out without subjecting sex workers to intolerable harm. In this case, to criminalize ancillary activities and protect sex workers from harm, the best approach is to adopt the conservative Canadian approach, instead of the Nordic model, and overturning prostitution law of the Canada approach again. One, overturning the laws again would get the sex workers back to a deprived state, where the impugned forces them to engage in a risky sex business, though legal yet with limited safety and right to protect themselves. The focus in the overturning strategy is still directed to the sex workers and does not prevent their similar exposure to harm. Even after one year of relief from the harm caused, sex laws in Canada, street soliciting, living on prostitution providence and keeping brothers would soon be overturned, if the parliament supports it once more. This would criminalize sex work shopping services and advertising activities among others. It is time for the government to change the strategy and focus on both the supply and demand of sex service. Nordic approach holds that when demand decreases, the supply follows on; it works “to bring rehabilitation to the women to escape exploitation and target the pimps and buyers of sex instead of prostituted women, while addressing the harms and inequality of prostitution” (Smith, n.d.). Both the Canadian approach and the Nordic model have a similar goal of suppressing or eradicating sex work objectively. The made in Canadian approach customizes the Nordic model to fit the nation’s need, while treating the sex workers as the victims. It also goes an extra mile to protect the society and criminalize prostitutes operating on unauthorized areas. The Herpers government bill makes prostitution illegal if operated in a public place within close vicinities of children, for example playgrounds and schools, striking a balance to protect minors and the communities, and the need to shield sex workers from criminal prosecution by criminalizing clients or pimps (Boutilier & MacCharles, 2014). Countries that adopted the Nordic approach have realised a reduction in street prostitution and illegal ancillary activities. The ‘made in Canadian approach’ has even higher chances in criminalizing prostitution related activities, compared to the Nordic approach. In conclusion, prostitution should be legalized in Canada, but certain ancillary activities should be criminalized due to their threat to society. The sex industry should be regulated and accorded similar respect to other legal commercial activities. This would not only benefit individuals, but the government too. A made in Canadian approach would serve best to protect the children and society, while considering the safety of the sex workers on top of reducing the supply and demand of sex service. Reference List BBC. (2013, December 20). Canada Supreme Court Strikes Down Prostitution Law. Retrieved from http://www.bbc.com/news/world-us-canada-25468587 Boutilier, A. & MacCharles, T. (2014, July 16). Secret poll shows Canadians deeply divided on prostitution approach. Retrieved from http://www.thestar.com/news/canada/2014/07/16/secret_poll_shows_canadians_deeply_divided_on_prostitution_approach.html Smith, J. (n.d.). From Nuisance to Equality: Women Deserve Better Let’s improves women’s equality by helping women out of prostitution, not encouraging them into it. Retrieved fromhttp://www.joysmith.ca/main.asp?fxoid=FXMenu,4&cat_ID=27&sub_ID=131&sub2_ID=72 Trifiolis, K. (2014, January 1). Legalizing prostitution: An Introduction. Student Scholarship. Paper 139. Retrieved from http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1147&context=student_scholarship Read More