Prostitution: Whether The Law Should Legalize It Or Not In Canadian Law

Introduction

Prostitution is often called the oldest profession, but this characterization is rather inaccurate. While prostitution has long annals, it has taken various types over the centuries. Moreover, the regulation has seldom identified prostitution as a profession; more routinely, prostitution treated as deviant or criminal behavior. Prostitution is illicit in most nations in the world. In the United States, prostitution is mainly an issue of the state other than government regulation, producing in some variety in criminal statutes. While regulations one time characterized the prostitute as a woman who traded sexual services, today most American regulations are gender neutral. Prostitution may be the world's oldest profession, but the ways in which it practiced and policed have varied significantly.

Discussion

In Canada, a broad pattern of limited tolerance began to break down by the mid-19th century. Two factors account for this shift: first, the rising influence of moral reform lobby groups; second, changing legislation and police tactics. Nevertheless, the informal laws of supply and demand proved resilient. By the mid-20th century, prostitution transformed rather than disappeared. The rights frame is tied to the values of both English-speaking Canada and Quebec and dominates political discourse. The Charter intended to be a source of national values, and judicial interpretations used as markers of Canadian tolerance, acceptance, and recognition of difference. For example, restrictions on abortion struck down, capital punishment has effectively been ruled unconstitutional and the traditional definition of marriage was deemed a violation of rights guaranteed by the Charter. According to several social analysts, the Charter overwhelmingly popular and considered a symbol of national pride among Canadians, who themselves identify as flexible and socially liberal. The growing status and power of the Supreme Court as a bureaucratic institution has, however, come under scrutiny by socio-legal scholars. Politically right leaning critics such as Rainer Knopff and Ted Morton (1992) and Christopher Manfredi (2001) argue that the expanded political reach of the courts undermines democratic will by transferring political power to an unelected and unaccountable judiciary. This privileges minority concerns at the expense of majority interests. Moreover, rights-seeking groups are able to avoid political channels, such as lobbying and electoral competition, leading to the erosion of the Parliamentary system. From this perspective, judges are often described as 'radical' and 'activist', facilitating 'special interests'. This view distinguishes law from politics and is thus critical of the legalization of political disputes and the politicization of law. As political scientist Byron Sheldrick points out, this approach tends to presume that parliaments and legislatures are inherently democratic and participatory while the courts are inherently undemocratic.

Legal Approaches to Prostitution

There are three likely lawful answers to prostitution: criminalization, decriminalization, and legalization. Each set about has two or more variations. Parliament has primary jurisdiction over all matters associated with prostitution in Canada because of its power over criminal law. Federal jurisdiction in respect of criminal law arising under subsection 91 (27) of the Constitution Act, 1867, which states that Parliament's powers include ...