Well, it’s official – the government is not only going to emulate a version of the “Nordic model” around prostitution laws, but they’re explicitly going against some of the portions of the Supreme Court ruling in the Bedford case, such as communication. The new bill makes advertising illegal, and increases penalties if there is any reasonable assumption that young people will be in the area where prostitutes are soliciting. In other words, by pushing out of the public eye, they drive it further underground where sex workers are isolated and vulnerable to predators, and if they can’t advertise, then what good is it that they are now allowed to hire receptionists or bodyguards that would allow them to practice their trade off the streets? As for talk that police will be given discretion when it comes to the definition of “reasonable expectation” – such as near a school at 3 am – that should also raise red flags because it keeps that power to charge the sex workers themselves. Peter MacKay went so far as to talk about johns as “perverts” and sex workers as “victims” – thus denying them any agency – and the token $20 million being offered to help them exit the trade doesn’t actually address any of the fundamental problems for women who are in the trade for survival, or help those who are in it voluntarily in order to make them safer. As more than one person noted, it’s like they didn’t even bother reading the Bedford decision. Here is one analysis of the bill that pretty much shoots holes through its constitutionality entirely. Another analysis says that MacKay has reframed the terms of debate legislatively from controlling a nuisance to trying to eliminate the practice, which makes the legal challenge more difficult. Emmett Macfarlane notes the arbitrary provisions in the bill like the inclusion of “religious institutions” as a prohibited area – something that is likely to pique the Court – and that it demonstrates that the government is dealing with Charter rights behind the cover of an online poll.
Not surprisingly, the government rejected a BC study that said that the Nordic model does more harm to sex workers rather than protecting them. Their justification? That online self-selected survey they conducted that showed the Nordic model of criminalizing buyers was one the public preferred. Justin Trudeau is calling on those consultations to be made public. We’ll see if either of the opposition parties has the stomach to actually oppose the bill (though the fact that the government went against the Bedford decision may help), but this is going to be a ridiculous fight – especially when my own background sources have said that the government knew they were once again flouting the constitution. It looks like this is just going to wind up back before the Supreme Court under the very same grounds that the laws do more to harm sex workers, and the government can once again say that the Courts are being mean to them.