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This means that the new laws do not prevent sellers from taking certain safety measures, should they continue to sell sexual services.These safety measures include selling sexual services, whether independently or cooperatively, from fixed indoor locations, hiring legitimate bodyguards who do not engage in exploitative behaviour and negotiating safer conditions for the sale of sexual services in public places that are not near school grounds, playgrounds or day care centres.
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Bill C-36’s reforms target those who create the demand for sexual services, and those who capitalize on that demand.
This approach is intended to protect the vulnerable people targeted by prostitution, the communities in which prostitution is practised and society itself, by sending a strong message that everyone is entitled to dignity and respect.
This means that a person who receives gifts or other things from a person who sells their own sexual services does not commit an offence, as long as there is no exploitation. Recent international studies show that jurisdictions that have decriminalized or legalized prostitution have larger sex industries and higher rates of human trafficking for sexual exploitation than those that seek to reduce the incidence of prostitution.
This means that legalizing and regulating prostitution would result in more people being subjected to prostitution.
The new prostitution laws are intended to reduce both the purchase and the sale of sexual services. A “sexual service” is a service that is sexual in nature and whose purpose is to sexually gratify the person who receives it.
“Obtaining a sexual service for consideration” involves an agreement for a specific sexual service in return for payment or another kind of consideration, including drugs or alcohol.
The offence also applies to publishers or website administrators, if they know that the advertisement exists and that it is in fact for the sale of sexual services.
The new laws also allow the court to order the seizure of materials containing advertisements for the sale of sexual services, as well as their removal from the Internet, regardless of who posted them. Receiving money or any other material benefit from the prostitution of others in the context of a commercial enterprise that offers sexual services for sale is a criminal offence.
Such a commercial enterprise necessarily involves third parties who profit from the sale of others’ sexual services.