Nordic or Not: Examining the Future of Canada’s Prostitution Legislation

Abstract

I will inquire into the future of prostitution legislation in Canada, given the recent Supreme Court decision to strike down the Criminal Code provisions restricting practices around the sale and purchase of sex. I will consider three models for Canada’s new laws: criminalization, legalization/regulation and the “Nordic model”. I will outline the features of each system, with a particular focus on the Nordic model which many have proposed as the best avenue for Canadian legislators to take. In both Canada and places where a Nordic Model has been implemented, I will account for the legal provisions regarding prostitution, associated laws related to labour, public health, zoning and public nuisance, political factors including the presence and strength of a social safety net and the sort of government that oversees the administration of said social safety net, and the sorts of people who practice prostitution. I will compare the social factors and demographic information from the Nordic states with the Canadian context, establishing similarities and differences between the situations. Ultimately, I will discuss the implications each system in the Canadian context, addressing the likelihood of each model’s implementation, its efficacy at achieving its stated aims and what sorts of conditions it creates for people engaged in prostitution.