Prostitution and the freedom to work

By Dominic Schamuhn

Last week Ontario Superior Court Justice Susan Himel struck down many of the central aspects of Canada’s federal prostitution laws, including those related to operating a common bawdy house (Section 210), living off the avails of prostitution (Section 212) and public solicitation for the purposes of prostitution (Section 213). Even though this decision takes 30 days to come into effect and applies only in Ontario, make no mistake, this was a great day for Canada.

Prostitution is in itself perfectly legal in Canada. One part of Justice Himel’s decision makes it possible for prostitutes to now communicate their location so that in the event of trouble, help can reach them. This does not make it any easier to work as a prostitute, but it does make it much safer. In a country where we fight for safe working conditions, it is time that sex trade workers have that same right as well.

The encompassing fact, though, is that this is not about prostitution. It’s about fundamental personal rights and freedoms. Individuals should have the opportunity to start their own business and if they are not successful, they will be forced to close. This is the free-market. The same should apply equally to prostitution. Is there a demand for a money-for-sex industry? If the answer is no, then prostitution will eventually disappear, but if there is a demand for a money-for-sex industry, there will simply be more successful businesses, operated under enforced guidelines by entrepreneurs and monitored carefully by the government.

Not a single person will be forced to purchase the services of a prostitute, but they will have the freedom to do so. Not a single person will be forced to work as a prostitute — the value of legalization is that it enables better control of worker rights — but they will have the freedom to do so. I am not advocating for prostitution, nor am I advocating against it, I am simply stating that people should be granted the freedoms to make decisions for themselves, rather than have government telling them what is right and wrong.

When we talk about women’s rights and safety, it becomes clear that with so many missing and murdered sex trade workers across Canada (estimates range from dozens to hundreds each year), our current laws do not protect women. We need to be concerned about the safety of sex trade workers, but that means reforming the system, not sticking with the status-quo. Moving forward from this decision, we need to work together to institute reforms that will help make prostitution safe because every single human being has the right to safety and the right to freedom.

In jurisdictions that have legalized prostitution, the rates of HIV/AIDS and other sexually transmitted infections in the sex trade industry are much lower than areas where it is still illegal. They are closely monitored and health monitoring regulations are strictly enforced. Prostitution would not be treated differently than any other industry. They would be expected to follow the rules and if requirements are not met, then there would be serious consequences. This allows for the safety of the worker as well as safety of the customer.

Ultimately, all people in society should have the opportunity to work in a safe environment and if they feel so inclined, they should also have the opportunity to open and operate a business of their choice. Justice Himel’s decision is a great first step forward, but reforms are still needed. With personal freedoms come personal responsibilities Canadians have fixed laws before and we can do it again.

Canadians believe in opportunity. Canadians believe in choice. Canadians believe in safety. With a motto like True North, Strong and Free, we can’t forget about the freedom.