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Protection of Communities and Exploited Persons Act and the Equality Model

Protection of Communities and Exploited Persons Act and the Equality May 17, 2022

Key Points:

  1. Protection of Communities and Exploited Persons Act (PCEPA) – Is an Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v Bedford and to make consequential amendments to other Acts. It is based on the Equality Model.

  2. The Equality Model (also known as the Nordic and Swedish Model) - Is based upon creating equality by prioritizing the rights of those that are being exploited while holding to account those who have participated in the exploitation.

  3. The Equality ModelTakes a 3 pronged approach:
    1. Criminalize demand, recognizing the power imbalance between seller and buyer. Demand drives the prostitution market.  Seller not criminalized.
    2. Provide exit services to prostituted individuals so they can exit
    3. Educate law enforcement and the public


Additional Resources:

PowerPoint Presentation:   Download Here


Resources from Defend Dignity:

Defend Dignity's Webpage:
https://defenddignity.ca/about/


Defend Dignity’s Brief to the Justice Committee on PCEPA Review
Download PDF Here


Defend Dignity’s Protect Canada’s Prostitution Laws
 
https://defenddignity.ca/pcepa/


Defend Dignity’s Guide to Meet Your MP
Download PDF Here


Laws and Statistics:

PCEPA – Criminal Code
https://www.justice.gc.ca/eng/rp-pr/other-autre/protect/p1.html#sec2a


Palermo Protocol
https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-prevent-suppress-and-punish-trafficking-persons


StatsCan Juristat on PCEPA 
https://www150.statcan.gc.ca/n1/daily-quotidien/210621/dq210621c-eng.htm?CMP=mstatcan


2014 Justice Committee Hearings on Bill C-36  
https://www.cpac.ca/episode?id=0202d7e5-b6f6-46cf-b35f-df8ae584063f


Video:

The Cases of the Reasonable Hypothetical Sex Worker
https://vimeo.com/542826062/1147cd5669


Articles:

Bedford Challenge - Prostitution laws struck down by Ont. Court”, September 28, 2010
https://www.cbc.ca/news/canada/prostitution-laws-struck-down-by-ont-court-1.869999

“Sex Work as Work”, September 30, 2018
https://www.cbc.ca/amp/1.4843505?fbclid=IwAR2D3iWUATQhlj6jsRFTENZ5705vBN1868FxhMtpvFv_yMqnl0RWHhGtKiU


Documents and Research:

Swedish Model - “Speaking of Prostitution: Arguments / Counter-Arguments About Prostitution”
Download PDF Here


Shifting the Burden of Criminality : An Analysis of the Irish sex trade in the Context of Prostitution Law Reform

Download PDF Here


10 Reasons to Oppose Full Decriminalization of Prostitution (NCOSE)
Download PDF Here

Discouraging the Demand that Fosters Trafficking for the Purposes of Sexual Exploitation (OSCE)
https://www.osce.org/cthb/489388