Chris Doucette
Toronto and GTA News

New law allows cops to focus on pimps – not hookers

Canada's new prostitution laws have not changed the way cops hunt pimps who force women, and girls, into the sex trade.

But under the Protection of Communities and Exploited Persons Act — controversial Bill C-36 — those accused of human trafficking may face additional charges.

"The old laws were somewhat outdated and needed to be addressed," said Durham Regional Police Sgt. Ron Kapuscinski.

His Human Trafficking Unit made its first bust just over a week ago under Bill C-36 — enacted in December — but added that arrest could also have been made under the old laws.

Kapuscinski explained most of the changes deal with policing those who choose to work in the sex trade as opposed to victims who are forced into prostitution.

However, he said the new laws do enable cops to lay additional charges in some human trafficking cases, as his unit did with its first arrest under Bill C-36.

In that case, a Toronto man allegedly forced a 16-year-old girl to perform sex acts for cash at southern Ontario motels.

Durham's Human Trafficking Unit began investigating Jan. 23 after finding online ads for sexual services provided by a female who appeared to be a minor. Officers tracked the girl down at an Ajax motel in the company of a 22-year-old man.

Andrew Lewis was charged with trafficking in persons under 18, material benefit from sexual services from a person under 18, exercising control over a person under 18 and production, possession and distribution of child pornography.

And Kapuscinski noted under the new laws, the accused also faces a charge for advertising sexual services, an offence that previously didn't exist.

In December 2013, the Supreme Court ruled the old prostitution laws, which criminalized the selling of sexual services, violated sex workers' constitutional rights. The federal government was given a year to come up with new legislation.

Those who willingly work in the sex trade hoped Canada would legalize prostitution.

Instead, the feds created new legislation criminalizing the purchase — instead of the sale — of sex. Under Bill C-36, advertising or other forms of communication related to the sale of sex are now also illegal.

The sex industry and Toronto city councillors strongly oppose the new legislation claiming it makes conditions unsafe for sex workers.

Even Ontario Premier Kathleen Wynne has said she has "grave concern" and asked the Attorney General to review Bill C-36 to determine if it is constitutional.

"I am not an expert, and I am not a lawyer, but as premier of this province, I am concerned that this legislation will not make sex workers safer," Wynne said after Bill C-36 was enacted.

However, Kapuscinski pointed out the new laws allow sex workers who want out of the industry — especially those forced into the trade — to reach out for help without fear of legal repercussions.

And Bill C-36 enables his unit to focus on the real criminals, the pimps.

"These guys make huge amounts of money off these girls," Kapuscinski said.