The politics of CJ Reform: Adult street prostitution in Canada
Exchange of sexual services for money
• Acceptance of other goods and benefits in lieu of cash?
• Marrying for financial security?
• Consensual transaction: exchange between wiling partners of goods and
• Public order crime not interpersonal crime
• Justification of criminalization: PUBLIC HARMS, not related to the individual.
• Concern about aids
• Increased penalties for prostitution
• Disorder to public by prostitution
• Increase of noise and traffic/condoms in alleyways
• Widely understood to be a female crime
• Vagrancy statues of Nova Scotia Act of 1759
Lower Canada Act of 1839— Being a prostitute was a status offence
All common prostitutes or night walkers not giving a satisfactory account
of themselves’ and those frequenting brothels • 1892 until 1972: Vagrancy provisions of the CCC
Bawdy houses, streetwalking, living off the avails and exploitation of
1972 soliciting Law
S. 195.1: solicitation in public place for the purpose of prostitution
1983 provisions clarified that prostitute meant a person of either sex engaging in
1978 SCC Hutt Decision:
Soliciting must be ‘pressing and persistent’ –it wasn’t enough that the accused
had negotiated the sexual service, but that the accused would have had to be
really annoying of it, and not accept no for an answer.
Police resistance, public o