Analyzing Bill C-36 : the duality of women’s rights in the Canadian sex trade

Abstract

In 2014, The Protections of Communities and Exploited Persons Act was enacted in response to Bedford v. Attorney General of Canada which criminalized the purchasing of sexual services, and decriminalized the selling of sexual services, on the basis that women in the sex trade are victims in need of protection. The purpose of this study is to explore the context in which Bill C-36 emerged, analyze it’s claims and highlight its impact on the status of women. This research began with a literature review of the three dominant models of prostitution: Prohibition, Legalization and the Nordic model, with a great focus on the work of Martha Nussbaum and Catharine MacKinnon. This literature was then used to analyze the gendered implications of prostitution laws in Canada. The research findings present an inherent contradiction in Bill C-36, which aims to protect the rights of all women, but simultaneously restricts the rights of female sex workers. In conclusion, it is found that Bill C-36 is ignorant to the rights of sex workers, at the cost of protecting victims of sex trafficking. Due to the restriction of women’s rights, Bill C-36 actually perpetuates the same female subordination it claims to oppose.