For the past six years we watched a handful of garish ‘sex workers’ clash with impassioned ‘sex trade survivors’ over differing views on protecting prostitutes. The former belongs to a pro-legalization lobby; the latter are advocates who believe prostitution constitutes violence against women and children.  It was perfect fodder for news hounds.

The confrontations, rose out of a legal conquest to rid Canada of it’s ineffective and under enforced prostitution laws. Three seasoned working girls were named as the applicants in a challenge known as Bedford versus Canada, though it was all the doing of Alan Young, a York University law professor. Safety for prostitutes, we understood, was his end game.

Mr. Young was a spectacle in his wing collar and bands, but the media would inevitably be drawn to his colorful entourage in all it’s regalement.  Spouting salacious metaphors, a leather-clad leading lady brashly claimed three successive court rulings as liberation for the “sex workers”.  The last stand for our old prostitution laws was ended when Canada’s Supreme Court ruled them unconstitutional, last Christmastime.

Wondering about that need for ‘liberation’, we began imagining the behind-the-scenes reality of Canada’s sex trade. We challenged our own attitudes toward prostitutes; and then, the men who buy sex. And we wondered if the picture of a powerless young women in the hands of a draconian pimp was just part of the fantasy. Then we imagined legal brothels on our city streets. We didn’t like that, and we certainly didn’t want such establishments in our own neighbourhoods. But we conceded the violence must stop; and being told the laws create danger, we softened to the idea of legal prostitution.

Tabled on June 4^th, Bill C-36 sent us in different direction on the quest for sex trade safety.  At the center of the proposed prostitution legislation, is a move to quash an age old prerogative in this country; that you can rent a woman’s body.  It also proposed leniency toward prostitutes, tougher penalties for pimps, along with added protections for vulnerable youth.

Many hailed it the right balance, audaciously dubbing it the “Canadian Model”.  Opponents protested, saying it won’t add safety for sex workers. Neither was there consensus in Parliament.  While NDPs, Liberals and Greens stood squarely against the bill, the arguments are all but over. On October 6th, Bill C-36 has passed it’s third reading, 156 to 124.  The Senate, having already given the legislation a pre-study, is expected quickly approve it for passage into the law books.

Beyond the legislation, the Harper conservatives are also allocating 20 million dollars to help fund exit programs for prostitutes. The money is good start, but just as valuable, is the compassionate light it shines on a forgotten people group.

MP Peter MacKay

Just who are these ‘forgotten’ people?  Justice Minister, Peter MacKay, tells us prostitutes are “predominantly victims.” Experts agree, they, on average, enter the sex trade in their mid’ teens. Most have histories of abuse and broken homes. Law enforcement agencies also claim that more than half are human trafficking victims, and almost all want to leave the sex industry.

Mr. MacKay’s solution is to replace our flimsy prostitution laws with real prohibition; quite the opposite to Mr. Young’s bid. But both seem committed to safeguarding the vulnerable, but in the end, only one will triumph. When Bill C-36 gets the rubber stamp this fall, Mr. Young will have to live with the realization that his best efforts actually cleared the way for this country’s most robust anti-prostitution laws, ever.

For a moment, hang onto your sympathy for the presumptive humanitarian advocate. There some parts of this story you may not have heard. Mr. Young, himself, diminished the notion of a moral objective, when he clarified before the Supreme Court, last year, that legal prostitution carried no promise of reduced violence.  And when he suggested our old laws made selling sex more dangerous, he wasn’t speaking for all prostitutes; just a small empowered minority, to which the applicants belong. Under the Canadian Charter of Rights and Freedoms, that was enough.

International studies on the subject, go even further than Young’s assertions, indicating that legalized prostitution nets an overall increase in violence and human trafficking.  Dropping laws has been a disaster in places like Germany, Australia and The Netherlands, where prostitutes have paid the ultimate price.  On the other hand, countries imposing legal restrictions, particularly for the buyer, have seen the opposite effect, resulting in less violence and lower human trafficking rates.

If the same can be expected in Canada, then Bill C-36 sets the stage for a declining sex trade. With many prostitutes being put out of ‘work’, fewer teenage recruits will be drawn into that hell. Not until that point will the confusion really lift off this issue. Gradually, the average Canadian will comprehend that the buyer, whether a predator or a simple opportunist, commits no less a crime by handing over a few dollars.

As we’ve seen here, honoring our Charter of Rights and Freedoms, and also creating safety, is not always easy. But, in this case, we’ve found the path. The passing of Bill C-36 will head things in a better direction, not just for prostitutes, but the whole of our society.