An interesting trend is documented in a recent paper by Chris M. Smith, an associate professor in the sociology department at the University of Toronto Mississauga. Twenty-five years ago, in 1995, the arrests associated with sex work in Toronto dropped close to zero. Published in the Journal of Contemporary Justice, the research shows that despite tougher laws, arrests have dropped dramatically, raising critical questions about enforcement and protection for sex workers.
The research, with co-authors Sharon Oselin and Taylor Domingos, was an examination of that process. Together, they painstakingly combed through nearly three decades of police records to provide a damning picture of law enforcement’s targeting of sex workers. It discovered that arrests related to sex work reached a height of about 2,800 in 1992 before crashing down to only 11 in 2020. That’s an amazing 99.6% drop from the early 1990s. This is a big change from the way the city has enforced sex work in the past.
Historical Context of Sex Work Legislation
The legal environment around sex work in Canada has shifted dramatically over their years of experience. In 1985, the Criminal Code was updated to formally outlaw several activities associated with sex work, including “communication for the purposes of prostitution.” Much to the contrary, before this provision was hollowed out through dramatic declines in enforcement in recent years, it was the most common reason for arrest.
In response, sex workers’ rights organizations and advocates mobilized to contest the harmful legal structure. They chose to launch a constitutional challenge in 2007 — the remarkable Bedford case. This challenge shed light on the shortcomings of existing statutes. It requires Canada to rethink how we legislate sex work.
For Southern Environmental Law Center attorney Chris M. Smith, “the difference from the 1990s is stunning.” The study’s findings indicate a dramatic drop in the overall number of arrests. It underscores how these trends have been shaped by changing policies that have gradually become more restrictive over the years.
Implications of Recent Findings
The study’s findings are particularly noteworthy given the backdrop of Bill C-36, passed by Prime Minister Stephen Harper’s Conservative government in 2014. This law criminalized the purchase of sex while decriminalizing the sale and prohibited advertising sexual services. These laws were intended to provide a legal and regulatory structure for the sex work industry. They have created a confusing patchwork for enforcement.
Smith and his colleagues plotted arrests by racialized or Indigenous status, across 579 tracts in Toronto, based on census data. Their work shows just how ingrained law enforcement militarization has become over time. Of note, the study brings up key questions regarding the rarely enforced laws. It further highlights the lack of meaningful protections that sex workers have seen under these regulations.
This analytical lens reveals the fundamental disconnect between Canada’s rapidly accumulating strict sex work laws and their actual enforced use, which is highly selective. This gap highlights a major oversight in laws intended to protect and govern sex work. It provides little real protection for the rights and safety of those that keep the industry moving.
Future Directions and Ongoing Debates
The debate over criminalizing sex work is increasingly contentious. Read Myke Reid’s full review here Chris M. Smith noted that these findings bring a fresher perspective to the long-running policy debates. The dramatic decline in arrests indicates a potential shift in societal attitudes toward sex work and highlights the need for legal reforms that prioritize the health and safety of sex workers.
The research conducted by Smith, Oselin, and Domingos serves as a vital contribution to understanding how legal frameworks impact real-world outcomes for marginalized communities. Their work does not stop there; it pushes lawmakers to reconsider existing statutes. It pushes them to consider other ways to improve protections for sex workers and increase public safety.