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JUST Committee Report

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LIST OF RECOMMENDATIONS

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada ensure that, prior to any amendments to the Protection of Communities and Exploited Persons Act or the development of any related programs or policies, extensive consultation is undertaken.

Recommendation 2

That the Government of Canada recognize that protecting the health and safety of those involved in sex work is made more difficult by the framework set by the Protection of Communities and Exploited Persons Act and acknowledge that, in fact, the Act causes serious harm to those engaged in sex work by making the work more dangerous.

Recommendation 3

That the Government of Canada amend the Protection of Communities and Exploited Persons Act by introducing legislation to repeal sections 213 and 286.4 of the Criminal Code.

Recommendation 4

That the Government of Canada continue to monitor court cases pertaining to the provisions of the Criminal Code concerning sex work between consenting adults.

Recommendation 5

That the Government of Canada encourage data sharing about the sex industry in Canada, and support study into discrepancies in data and conclusions on the topic identified during the Committee’s study.

Recommendation 6

That the Government of Canada take action to address issues of exploitation and trafficking of women and children by strengthening other measures in the Criminal Code where appropriate, by making additional resources available to victims and to law enforcement agencies working to combat exploitation, and by considering making coercive and controlling behavior in intimate partner relationships a criminal offence as proposed in Bill C-202, An Act to amend the Criminal Code (controlling or coercive conduct), and the unanimous 2021 report of this Committee.

Recommendation 7

That the Government of Canada introduce legislation to strengthen the Criminal Code provisions on exploitation and human trafficking prior to making any legislative changes aimed at decriminalizing sex work.

Recommendation 8

That the Government of Canada identify, share and promote best practices for building trust between police and sex workers so that more sex workers perceive the police as a source of protection and are effectively served by police.

Recommendation 9

That the Government of Canada study how more consistent application of the Protection of Communities and Exploited Persons Act across the country could be encouraged.

Recommendation 10

That the Government of Canada table legislation to repeal sections 183 (1)(b.1). 196.1(a). 200(3)(g.1) and 203(2)(a) of the Immigration and Refugee Protection Regulations, which unfairly put migrant sex workers at elevated risk of violence and danger by making them unable to report these incidents without fear of deportation.

Recommendation 11

That the Government of Canada consider how to best address the exploitation of migrant sex workers and to prevent findings of inadmissibility and deportation when such individuals report being victims of crime. This could involve amending the Immigration and Refugee Protection Regulations or other measures.

Recommendation 12

That, prior to any legislative amendments to the Protection of Communities and Exploited Persons Act, a gender-based analysis plus be conducted by the Government of Canada to ensure that the most vulnerable sex workers, including Indigenous, migrant, racialized and transgender individuals, will not experience disproportionately negative impacts from any such changes and that their unique needs are addressed. The analysis should be tabled in Parliament and posted publicly.

Recommendation 13

That the Government of Canada fully implement Calls for Justice 4.3, 5.3 and 12.14 of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Recommendation 14

That any legislative changes to the existing provisions on the sale of sexual services be imperatively preceded by agreements between the federal government, Quebec and the provinces and territories to agree on the funding needed for social programs related to sex workers’ health and safety.

Recommendation 15

That the Government of Canada invest in and support programs, in collaboration with affected stakeholders including provinces and territories and individuals with lived experience, to address the root causes for entering sex work to make entry into the industry a real choice and to protect the vulnerable.

Recommendation 16

That the Government of Canada provide additional financial support to organizations that provide non-judgmental and trauma-informed services to sex workers, and particularly those operated by sex workers themselves.

Recommendation 17

That the Government of Canada invest in and support the provision of additional social and legal supports for vulnerable youth at risk of sexual exploitation and individuals who wish to leave the sex industry, including non-judgmental and trauma-informed mental health and addiction services, vocational and education programs and income supports.