Sex Trade in Canada
Sex trade refers to activities involving the provision of sexual services in exchange for money (Sethi 2010). One of the most common activities that fit in this context is prostitution that a stigma attached to the term (Wagner, 2017).
Legalization and Challenges
Canada has been one of the most spoken countries in the American continent in as far as sex trade is concerned. There notable case briefs such as 'Bedford v. Canada' that aimed at challenging sections of the criminal code that had declared prostitution as illegal and corroding the social values (O’Doherty, 2011). Those supporting the legalization of the activity claimed that it is like any other career and therefore essential to guarantee the equal freedoms accorded to other professionals (Barrnet and Nicol 2008). The position was further supported by the Canadian Charter of Rights hence the need to reconsider the firm stand on the matter. Although the changes in the criminal code and the Charter of Rights and Freedoms might seem not to be openly protecting the sex workers, their rights are guaranteed using some sections in the legal documents.
Vulnerabilities and Opposition
Reports from research carried out on the sex trade in Canada have revealed that sex workers have been exposed to violence and in some cases murdered (Haak, 2017). Because of the passionate nature of the members engaging in the trade, more people continue to be drawn into it in an attempt to earn a living. However, religious leaders and other people subscribing to the best moral arguments have opposed the business claiming that it is a threat to the family institution which forms the basic unit of analysis in the social and political organizations. However, it is true to argue that every Canadian should be accorded the privileges and the rights that apply to all citizens. Policymakers have further reevaluated the extent to which the Canadian laws and courts adhere to the constitution in the protection of the human rights especially to those engaging in the sex trade.
Prostitution and the Criminal Code
Despite prostitution being legalized in Canada, engaging in the businesses is often associated with other risks such as being held responsible for crimes that one did not commit. It, therefore, becomes evident that people are not willing to embrace the dynamic affairs in the society and thus more concerned about protecting conservatism principles that consider it immoral. The Criminal Code has been one of the major factors that have led to the sufferings experienced by the people in the sex trade. The code links every activity associated with prostitution to crime thus prohibiting it in public and private places.
Legal Perspective and Exploitation
The Canadian Department for Justice has analyzed the current laws preventing the purchase of sexual services and concluded that promoting the activity encourages sexual exploitation even to the vulnerable people in the population (Sethi 2010). As a result, the society is scared to fully embrace sex trade because, at the end, women and girls are impacted on negatively. The ruling in Canada v Bedford may have considered the laws prohibiting prostitution as unconstitutional, but the society will take a long period before fully embracing it as any other profit-making business just like in Germany.
International Perspectives
A profound comparative analysis of the policies enacted elsewhere in the world reveals that the controversies surround the matter are equally prevalent. New Zealand declared sex trade to be legal in 2003, and the government even issued licenses to those brothels that were operating under the provisions of the employment laws. The state, therefore, intends to make the sex workers capable of enjoying all the benefits given to other workers. Unlike New Zealand and Canada which have uniform laws, the situation in Australia is different with policies regulating sex trade differing from one state to the other. Austria has however legalized prostitution, and the citizens are open to the idea of considering all people as important regardless of the activities carried out for a living. Sex traders are made to register and frequently undergo health examinations to ensure that they are fit enough to avoid spreading infections. Some people have however abused the laws in this country to allow forced prostitution and smuggling. In countries allowing sex trade have however enforced strict laws to ensure that taxes are collected just like in any other revenue generating business. The laws guiding the taxation are mostly modified from the German context where legalization was done in 1927 and workers given health insurances and receive a pension and other social benefits.
Sociological Perspectives
The different positions taken by various states in the world regarding sex trade can be explained using sociological theories. The conflict perspective can be used to explain the situation in Canada where there is a section of powerful members in the society that want to protect the cultural dominance through criminalizing sex trade which is deemed as immoral (O’Doherty, 2011). Prostitution is explained as emanating from structural factors causing economic inequality.
A functionalist perspective emphasizes the need to have social norms that guarantee through the control of the society to guarantee stability (Jochelson & Kramar, 2012). Outlawing deviant behavior, such as prostitution acts as an assurance that the sexual norms will be observed. Feminist theory can also be used to explain the debate regarding the appropriateness of sex trade (Van et al., 2013). However, the theory has diverse views although a large number of theorists seem to support it because women have the right over their bodies. However, there are anti-prostitution theorists who consider sex trade as a form of exploitation of women in order to enhance the agenda of male dominance. The opposition is further supported by the idea that women will now be considered as sex objects to be abused by their male counterparts. It should, however, be noted that feminists pro-prostitution members are behind the idea of sex worker activism uniting women against the abuses in the legal system and the sex industry. The symbolic interaction theory examines the intentions and experience that have made people become sex traders. Besides, the theory tries to establish whether prostitutes enjoy their work to shape social realities that worth considering.
Conclusion
Conclusively, sex trade in Canada will continue to be a controversial issue as the proponents continue to tirelessly push for legalization just like in other first world nations like Australia, Netherlands, and Germany. However, the national laws have been protective of the social values and tend to link prostitution with other crimes to taint the image of the oldest business. To explain the theoretical reasons behind the pattern of behavior among policy-makers from different parts of the world, theories like functionalism, conflict, interaction, and feminist theories can be used. Due to the ever-mounting pressure to the legal sex trade and provide a conducive environment for the workers that are even entitled to the social benefits, opponents will eventually give in and embrace the dynamic policies adopted in other first world nations.
References
Barnett, L., & Nicol, J. (2008). Prostitution in Canada: International obligations, federal law, and provincial and municipal jurisdiction. Parliamentary Information and Research Service.
Haak, D. M. (2017). The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada's New Prostitution Laws. UBCL Rev., 50, 657.
Jochelson, R., & Kramar, K. (2012). Theoretical Debates: Harm in the Context of Obscenity and Indecency Law in Canada.
O'Doherty, T. (2011). Criminalization and off-street sex work in Canada. Canadian Journal of Criminology and Criminal Justice, 53(2), 217-245.
Sethi, A. (2010). Domestic sex trafficking of Aboriginal girls in Canada: Issues and implications.
Wagner, A. C., Girard, T., McShane, K. E., Margolese, S., & Hart, T. A. (2017). HIV related stigma and overlapping stigmas towards people living with HIV among health care trainees in Canada. AIDS Education and Prevention, 29(4), 364-376.
