The Supreme Court of Canada on Dec. 20 struck down as unconstitutional the laws prohibiting communication for the purposes of prostitution, living on the avails and running a brothel, but stayed the decision for a year to give Parliament time to come up with a new law.
The Nordic model, which was implemented in Sweden and Norway after both countries experimented with legalization of prostitution, targets the market for prostitution by punishing those who buy sex or victimize women in the sex trade. It also helps women get out of the business.
When Sweden tried legalized prostitution, violence against women jumped 67 per cent, Smith said. Since the Nordic model targeting the johns or customers was introduced, the number of women involved in street prostitution dropped by 30-50 per cent, Smith’s research shows. The ban on purchasing sexual services produced a change in attitude towards buying sex, her research indicates.
Smith, who is one of Canada’s foremost experts on human trafficking, said she was successful in getting a resolution in support of a made-in-Canada Nordic model passed at last fall’s Conservative policy convention in Calgary, but she admits anything to do with this issue is “an uphill battle.” Convincing caucus may be a harder sell, especially considering the short time frame of getting new laws passed, Smith said.
“We have to get away from this aspect of prostitution is the oldest profession,” she said. “It’s the world’s oldest crime against women.”
She said she will be working with Justice Minister Peter MacKay and Public Safety Minister Stephen Blaney to craft a legislative response to the court ruling.
Prior to the Supreme Court decision, MacKay had told Sun Media the government was focusing on defending its existing laws.
"I'm not entirely convinced that the direction that has been attempted in other countries, and this Nordic model being one, is the right fit for Canada," he said in December.
Some have suggested the Nordic model might also run afoul of Canada’s constitution, but Smith said that’s why she is stressing a “made-in-Canada” solution. Part of that would also target pornography over the Internet because research has shown a link between pornography, prostitution and human trafficking, she said. She would like to see Internet service providers block pornography to all customers unless they specifically opt in, similar to a British proposal.
“We have to not let women be taken advantage of and exploited,” she said. “I can’t imagine any parent going to a high school career symposium and having prostitution one of the things girls aspire to be. It’s so harmful and dangerous for young girls to be exposed to this.”
Women have worked for years to “get through the glass ceiling,” to be educated and achieve, but prostitution “degrades women in so many ways,” she said.
“It’s going to be a battle, that’s for sure,” she said. “There are many people who believe there is nothing wrong with this. That’s sad.”
She said it’s a myth that legalizing prostitution keeps women safe. Having worked with victims for more than a decade, she said “there’s no safe place.”
Smith says she has the support of a widespread coalition of groups that advocate for prostitutes, trafficking victims, battered women’s shelters, feminist organizations and religious groups for the Nordic model.
Conservative MP Maurice Vellacott came out in support in a news release Jan. 3. He pointed out the Netherlands, Germany and New Zealand are “rethinking” their approaches of “legalization, decriminalization and efforts at regulation,” while Israel, Ireland and Scotland changed their laws to target the purchase of sex, he said.
“We need to shift the focus of our laws toward those who exploit,” he said. “There is no justice served by further victimizing individuals who have been abused and marginalized.”
Vellacott noted, "Currently in Canada, prostitution itself is legal, but virtually all activities surrounding it are not. There's something terribly incoherent about such an approach."