Members of Swing Service Workers in Group, a non-profit organisation for sex workers, blow condoms during a campaign to stop the spread of AIDS ahead of World AIDS Day, in Bangkok November 29, 2009. World AIDS Day takes place on December 1, 2009.
Members of Swing Service Workers in Group, a non-profit organisation for sex workers, blow condoms during a campaign to stop the spread of AIDS ahead of World AIDS Day, in Bangkok November 29, 2009. World AIDS Day takes place on December 1, 2009. Reuters

Canada's new prostitution law will take effect from Dec 6, Saturday. The law, known as the Protection of Communities and Exploited Persons Act, is intended to curb Canada prostitution more effectively after the Supreme Court struck down the old law.

But a controversy has erupted over the day the law is coming into effect. The day, Dec 6, also happens to be National Day of Remembrance and Action on Violence Against Women. On that day, Canada commemorates the anniversary of the shooting deaths of 14 women at École Polytechnique in Montreal.

The timing of the new prostitution law, on the same, which is perceived by many as anti-women, has been blasted by many. A woman leader, Valerie Scott, who fought for a successful court order and made the old prostitution laws invalid, said the sex industry workers fear that the new law will create more victims, reported Global News Canada. She then called the timing of the law as "sick and twisted."

However, the government sources said it was a mere coincidence. The bill's terms were slated to to be effective 30 days from the date of the royal assent - which is how Dec 6 became the date. A spokesperson of Justice Minister Peter MacKay said the government exercises no control over the timing of bills that receive royal assent.

Apex Court Verdict

The new law has come up after a landmark verdict of the Supreme Court declared Canada's legislation on prostitution as unconstitutional. The Supreme court found the laws violative of sex workers' Charter rights to safety, and gave the government one year notice to make new laws. Globe and Mail report noted that the Conservative law will try restricting the sex trade and discourage prostitution. The Senate finally passed the bill on Nov 4, diregarding many warnings that it will endanger sex workers and may become unconstitutional after a judicial scrutiny.

Act of Buying Sex

Those working in the sex industry have expressed the fear that the new prostitution laws will expose them to more persecution and police surveillance and they become easy victims. The criticism is that C-36 largely criminalises the act of buying of sex, rather than selling it. This implies more sex workers being framed under the guise of restrictions when they discuss a deal.

Despite many reservations, the bill was passed in the Senate and there was no revision from what was passed by the House of Commons on Oct 6. Sex workers warn that new law will harm them by way of curbs on their right to speak with and screen potential clients. This will open up avenues of abuse. The law also prohibits publishing any advertisement by a sex worker, which has been a safe method for many to select reliable clients.