In Canada, sex work has routinely been pathologized and criminalized. The stigma surrounding sex work is tenfold for sex workers who are racialized. Using the lecture discussions from weeks 8 and 11, as well as additional journals, scholarly and peer reviewed articles, this paper aims to illustrate the struggle involved with partaking in sex work as a racialized individual. The first section of this paper explores the danger involved in prostitution while being racialized, analyzing how the risk increases exponentially for racialized groups. The second section will focus primarily on the imprisonment of racialized sex workers, explaining the frequency of arrest in comparison to Caucasian, middle class sex workers. Finally, the last section …show more content…
For example, section 213 of the original version of Criminal Code of Canada, states that it is illegal behavior if someone communicates, “in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services…” (Bruckert and Parent, 2006). This law is particularly harmful to racialized sex workers as it is practically impossible for them to do their job without engaging in this sort of behaviour. Non-marginalized sex workers, who have easier access to jobs in the sex industry off the street, do not have speak with clients prior to engaging in sexual intercourse. Everything is sorted out by a third party, so the sex worker themselves are not in danger of breaking this law. With this in mind, it seems as if this law specifically targets racialized sex workers, demonstrating the challenges of being racialized and trying to be a sex professional. In 2007, Terri Jean Bedford went up against the government of Canada in an attempt to get rid of these harmful laws pertaining to sex work, claiming they were unconstitutional (van der Meulen, 2017a). She won and the laws were modified, however, the new version of these laws still actively target racialized sex workers. The SCC stated in their decision that section 213 was unconstitutional because, “by prohibiting communication in public for the purpose of prostitution, the law prevents prostitutes from screening clients and setting terms for the use of condoms or safe houses. In these ways, it significantly increases the risk they face…” (Bennett, 2013). However, the government went around this ruling by modifying the laws ever so slightly that they were considered “new laws” but they infringe on the rights of sex workers to the same extent that the old laws had. It can be argued that the
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
Throughout Sex Work and the Law: A Critical Analysis of Four Policy Approaches to Adult Prostitution Frances Shaver discusses the need for change for women working as prostitutes. Shaver explains the ongoing problem surrounding prostitution in Canada and provides four possible ways to resolve the issue in her work. Three well thought out points Shaver writes about are the health benefits as well as personal safety for the women in the sex industry. She also touches base on the decriminalization of prostitution and the impacts it will have on nearby neighborhoods and the residents as well as a few other topics. Although Shaver discusses important areas, she does leave out some particular parts for concern such as the issues surrounding minors involved in the sex industry as well as the men and women who are involuntarily put into prostitution also known as human trafficking. While Shaver touches base on extremely well thought out points and provides a solution for dealing with Canada’s prostitution problem, she fails to elaborate on a few major issues that should be discussed as well when discussing the decriminalization of prostitution.
Canadians view themselves as morally correct, yet the Indigenous peoples are oppressed and discriminated by Canadians. The Aboriginal peoples culture would last longer without Canada since Canada wants to control first, but not by understanding the culture and heritage. Aboriginal peoples express how they felt about the Canadian “Myth of Progress”. Some other works take a more satirical look like “Tidings of Comfort and Joy” but the points still stand. One of the points is Canadians are discriminating the Indigenous peoples to be lazy and corrupt.
Just as the needs of individuals change over time, so do the needs of social movements. Leaders come and go. Tactics change from time to time. But the goal always remains the same. While the movement to secure equal rights for the American Negro needed different leaders and different tactics at different times during its history, so it was with the women's movement in America. While the movement initially sought equal treatment for women in everything, the struggle required changes in both leadership and in tactics before the goal was achieved.
“There is no difference in work in which a women sells her hands, such as a typist, and a work in which a women sells her vagina, as in sex work.” Claims author Lacy Sloan. In today’s society, many people believe that prostitution is an immoral act. It is the world’s oldest profession and because it has been long condemned, sex workers are stigmatized from mainstream society (ProQuest Staff). However, the act of purchasing sex between consenting adults should not be prohibited by the government, but regulated for society's overall best interests. Prostitution is illegal and as a consequence prostitutes are often victims of violence and sexual assault; therefore, prostitution should be legalized and regulated to ensure the safety of sex workers.
Simard, J. (2012). The True North Strong and Free? A detailed look into human trafficking for the purposes of sexual exploitation in Canada.
Within Canada we have a generous amount of freedom but this leads to the abuse of our system. This is especially true with regards to polygamy in Bountiful, BC. Because women are susceptible to mental abuse in polygamist relationships it should continue to be illegal in Canada. If this law is in enforced it would help women to be freed of the oppression caused by male domination, eliminate the need for women to suppress feelings that conflict with the ideals of the polygamy life, and aid in avoiding depression resulting from the build-up of concealed feelings.
Based on the preliminary research I conducted, I have been able to identify two key topic areas that are of interest to me and these include: immigrant women attaining jobs in Ontario and violence experienced by women in Canada. In regard to immigrant women attaining jobs, there are significantly higher unemployment rates and lower wages that they are faced with, in comparison to other immigrant men and Canadian-born men and women. The debate circulating around this issue seeks to answer whether gender, immigrant class, age, ethnicity and sexuality all play a role in an immigrant woman’s ability to be employed (TIEDI, 2010, p.1). Some key questions that have arisen focus on workplace policies and programs that create further disparity within the gender gap, rather than aiding immigrant women who have differing needs in the labour market. Questions posed, seek to find the contributing factors to lower wages and what can be changed in the regulations to create equity (TIEDI, 2010, p.6). As well, a study conducted by Anucha et al. (2006) examines what are the outcomes of immigrant women participating in the economy and how this varies from other males, along with the social impacts of being employed (p.5).
In Margaret Atwood’s novel, Oryx and Crake, she constantly places the reader in an uncomfortable environment. The story takes place in a not so distant future where today’s world no longer exists due to an unknown catastrophe. The only human is a man who calls himself the Abominable Snowman or Snowman for short, but in his childhood days his name was Jimmy. If the thought of being all alone in the world is not uneasy enough, Atwood takes this opportunity to point out the flaws of the modern world through Snowman’s reminiscing about Jimmy’s childhood. The truths exposed are events that people do not want to acknowledge: animal abuse for human advancement, elimination of human interaction due to technology, and at the core of the novel is the disturbing imagery that slavery is still present. Modern day servitude is an unsettling topic that has remained undercover for far too long. However, the veracity is exposed in the traumatic story of Oryx. In order to understand the troubled societies of today, Atwood unmasks the dark world of childhood bondage through the character Oryx, but she gives subtle insights on how to change the world for the better before it is too late.
In 2007, three prostitutes, Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott came to the Canadian government to challenge the current prostitution laws after pending charges were laid against them for illegal acts prostitution (Chez Stella, 2013). The Bedford Case has opened up a debate on whether prostitution should be decriminalized in Canada. Through my research, I offer a comparative analysis of four approaches to prostitution, which aid in illustrating the effects that decriminalization would have on prostitutes, and women as a whole. The four states that I have compared are Canada, the Netherlands, Sweden, and Australia. These countries each hold different views and policies on prostitution. Canada is currently criminalized, the Netherlands is a state in which prostitution is legalized, Sweden advocates abolitionism, and in Australia, prostitution is decriminalized. Through careful analysis I have determined the effectiveness of each of the policies, and which system I believe would be best for Canada’s future. Based on this investigation, I advocate that Canada ought to adapt a similar approach to Australia, decriminalizing prostitution as a means for social, economic, and legal stability for women. It is through decriminalization that prostitutes will have the opportunity to be actively involved in the community, and no longer marginalized members of society.
O'Doherty, Tamara. "Criminalization And Off-Street Sex Work In Canada." Canadian Journal Of Criminology & Criminal Justice 53.2 (2011): 217-245.
...minal history, race, sexuality or place of residency. It is all up to the judges now to decide whether the government provides valid reasons to categorize certain laws.
Barry, Kathleen. "Prostitution". Boston: Houghton Mifflin, (1998). General OneFile. Miami Dade College. Web. 2 Apr. 2014.
There are many argument that people use to dispute prostitution from religion, to prudence, and even personal experience. However, the most widely used argument against it brings up the idea of trafficking and those forced into the industry by abusive boyfriends and pimps, or simply those who feel that they have no other option; and rightly so! These issues are huge problems and ...
One detail that has been brought up when debating anti-prostitution laws is that making it illegal is a violation of human rights. Prostitutes are very heavily discriminated against by not only the people who disagree with the act and believe it to be immoral, but also by police and other law enforcement officials. When an officer attempts an arrest, they belittle the prostitute by being harsh and aggressive. All arrests involve entrapment, invasion of privacy and/or the use of discriminating tactics. For many prostitutes, fighting against an arrest is unheard of. Not only do they fear their officers but they are unaware of their right to fight for their rights. Rarely do they realize that they have rights to be considered and that most arrests are unlawful and therefore unacceptable. According to a quote from the PEN, "No person's human or civil rights should be violated on the basis of their trade, occupation, work, calling or profession.” (The Prostitutes’ Education Network)