Legalize Prostitution in Canada

Legalize Prostitution In Canada.
Name;
Instructor:
Institution:
Course:
Date:
LEGALIZE PROSTITUTION IN CANADA
Introduction
It is for a reason that prostitution is referred to as the oldest profession of the world. The profession has been in the human history and it is not easy to do away with it. The history of prostitution goes back in the days of the Old Testament where it was a social evil practiced by the so-called fallen women (Humphreys, 2012). This profession is no exception in Canada. Over the years, prostitution has been illegal in the land. However, the twenty first century government provided laws that legalized prostitution. Later were the amendments in the laws. This has dispute on issues of prostitution has been taking place around the world.
Over the years, there have been heated debates on the issue of prostitution. Of late, there have been disputes between the society of prostitutes and the Canadian community. Prostitutes want their rights featured in the laws of the land like those of other legal business owners. On the other hand, the community perceives the act of prostitution as ungodly and wants it criminalized in Canada. This paper therefore examines the situation facts, arguments, and how the dispute is resolved through alternative dispute resolution (ADR) in this case the community mediation.
In Canada, prostitution is legal. However, there are restrictions to some rights of the prostitution. Prostitution as a legal profession in Canada does not enjoy other legal rights like other legal enterprises such as soliciting clients. The constitution terms the operation of brothels and pimps as illegal. However, the society of sex workers filed a case of appeal in the court in order to reverse the ruling that bawdy houses and brothels are illegal. There has been heated debate on the issue of legalizing brothels and bawdy houses in Canada (Humphreys, 2012). The legislators legalized the profession but restricting the common places of prostitution and soliciting of clients in public places. The law gives individual women the right to sell their sex services to interested buyers. On the other hand, the community wants the law to criminalize prostitution (Community Team, 2012).
Last year the court of appeal for Ontario pulled down of the laws of the country prohibiting prostitution and the activities surrounding the profession (Kent, 2012). The prostitutes’ society had gone to court seeking nullification of the laws prohibiting the operation of brothels and public soliciting of potential customers.
However, the court allowed the prostitutes to own, manage and run brothels and to carry out their business like other legal entrepreneurs but the public soliciting of the clients remained a crime against the Canadian constitution (Humphreys, 2012). The community views this as a violation of the Christian and the traditional morals upon which this nation is laid. This is because prostitution affects not only the individuals participating in the act but it also affects the community in which the acts take place and the families of these individuals. Therefore, the community has a role to play in educating the community on the effects and dangers of prostitution in order to have the community a litter free environment.
Facts
It is evident that prostitution in Canada is legal. This is the buying and selling of sex services on terms of a free seller free buyer. However, most of the profession’s surroundings and the activities attached to the profession such as brothels, bawdy houses and women trafficking among others are illegal under the laws of Canada. This makes it difficult to carry out the act of buying and selling sex without breaking the laws that prohibit many other activities revolving around the profession. Further, besides the profession of prostitution there are many other evils and irregularities related to prostitution such as women trafficking, child prostitution, rapes, misuse of women and serial killings and mysterious disappearances of women as well as the exploitation of women in the brothels and bawdy houses (Community Team, 2012).
Research indicates that the prevalence of incest among the sex workers is estimate to range from 60% to around 90% (Van,. Durisin, & Love, 2013). Another annual report stated that over 85% of the prostitutes and their clients were victims of sexual abuse in their childhood. Either children are introduced into acts of prostitution by their parents who have suffered domestic violence and divorce and in turn they got into prostitution in order to support their children or they are victims of child trafficking. Mostly girls coerced or recruited into the profession of prostitution are between the age of thirteen and sixteen years.
Over eighty percent (80%) of the sex workers in Canada are prone to pornography unwillingly (Van,. Durisin, & Love, 2013). Most of their clients make them watch pornographic materials in order to make them understand what kind of sexual activities they expect from them. However, 50% (Van,. Durisin, & Love, 2013) of the sex workers admitted that pornography is important because it taught them what their buyers expect of them by their clients and the operators. Another 30% (Van,. Durisin, & Love, 2013) admit that the pimps introduced them to pornographic materials in order to force them into accepting the acts depicted by the materials.
The other illegal activity associated with prostitution is rape. Over eighty percent (80%) of women engaging in prostitution or living around the areas prone to prostitution are victims of rape. Most find it difficult to talk about rape because the experience of prostitution is like that of rape. It is engaging into the sexual intercourse with a person who does not care much about you rather seeking to satisfy his or her own desires and needs. The act of women trafficking is related to prostitution with women and girls between the age of sixteen and thirty years being most victims. Over ten women were trafficked into Canada in every week averagely. The brothel operators buy and recruit women into business. Many women suffer brutality in the brothels and in the bawdy houses. In addition to this, women in brothels and other prostitution houses operated by other individuals do not exercise their human rights and freedom (Kent, 2012).
Despite the fact that prostitution has no definite definition in Canada’s statute law, it is based in the case law that states that three elements are vital in order to establish that there is the progression of prostitution namely: indiscriminate nature of prostitution, provision of sexual services, and the necessity for a manner of payment. The Canadian criminal law illegalizes acts such as owning, leasing managing or being in a bawdy house, transportation of individuals into a bawdy houses, engagement into a sexual relationship with persons below the age of eighteen years, and living on prostitution avails (Community Team, 2012). It is legal for sexual gratification exchange between consenting individuals who are of age. The law prohibits such activities that the parliament has stated as posing threat to the public order and or decency through the powers issued by the federal government.
Clarifications
Canada is a nation based on the Christian discipline. The Christian law teaches that prostitution is against the will of God and violates the human morals and values. Therefore, the community perceives the legalization of prostitution as a profession as violating God’s commands. Further, the traditional morals of Canada stated the acts of prostitution as immoral and against humanity. This is indication that promoting prostitution through policies and law it is demolition of the Canadian traditional morals and values.
The implementation of policies and laws legalizing prostitution will negatively influence the image of the society. The young children in the neighborhood of the areas prone to prostitution are likely to engage into the immoral acts of prostitution. This therefore, creates the social impunity in the Canadian community.
Legalization of prostitution allows the public soliciting of potential buyers and sellers. This would create a corrupt community where prostitutes expose themselves in open public places. They may go over the media in efforts to market and advertise their services. Further, other evils such as women trafficking, child abuse, substance abuse, and rapes among others relate to prostitution.
Prostitutes on the other hand felt that it is their right to exercise their freedom of expression just like other legal businesses. They wanted the law to allow t...