Prostitution legislation to remain unchanged

Decriminalizing prostitution would lead to the exploitation of women and it is, therefore, off the table for the current Conservative government, Justice Minister Rob Nicholson says in a report.

"This government condemns any conduct that results in exploitation or abuse and, accordingly, does not support any reforms, such as decriminalization, that would facilitate such exploitation," Mr. Nicholson wrote the House of Commons justice committee. "For these reasons, this government continues to address prostitution by focusing on reducing its prevalence."

Prostitution itself is not illegal technically, but other anti-prostitution laws effectively prohibit it, such as a ban on communication for the purposes of prostitution in a public space.

Mr. Nicholson was responding to a report from a justice subcommittee, which was unable to come up with a consensus on whether solicitation should be removed from the Criminal Code after studying the issue for almost two years and hearing from about 300 witnesses across the country.

He said the government considers prostitution to be "degrading and dehumanizing" and that it is "often committed and controlled by coercive individuals against those who are frequently powerless to protect themselves from abuse and exploitation."

In a December, 2006, report, the majority of MPs on the subcommittee concluded sex between two consenting adults should not be illegal, "whether or not payment is involved."

The Criminal Code, however, should continue to target such problems as child exploitation, trafficking in humans and sexual assault, said the majority report, signed by MPs from the three opposition parties.

The majority said that literature shows criminalizing prostitution- related activities in Canada jeopardizes the safety of prostitutes and impedes their access to health and social services.

Many witnesses who appeared before the committee, including current and former prostitutes, asserted that criminalization creates an illegal market that is "conducive to abuse and exploitation and encourages secrecy and the isolation of those selling sexual services," the majority report said.

"The vulnerability of persons engaging in street prostitution is also related to the fact that they frequently change locations. As a result of an arrest, fear of arrest, or a court order, such people are often forced to move to another area, effectively separating them from friends, co-workers, regular customers and familiar places."

The two Conservative MPs on the committee refused to sign on with the majority.

Art Hanger, one of the Tory members, told reporters at the time that decriminalizing prostitution would make it "open season" on women and cause cheering among "pimps, drug pushers and organized criminals."

The committee was asked under the former Liberal government to study prostitution laws amid rising concern over the disappearance and killing of prostitutes in western Canada, particularly in Vancouver.

The MPs on the committee unanimously agreed that the law is being unevenly applied, with police focusing on street prostitution, while the more expensive, offstreet prostitutes generally operate without the force of the law.