The NDP is demanding the government refer its new prostitution legislation to the Supreme Court “immediately” to ensure it is in line with last fall’s ruling by the top court and would hold up against a Charter challenge.

Justice Minister Peter MacKay tabled bill C-36, “The Protection of Communities and Exploited Persons Act,” in the House of Commons late Wednesday. The new bill comes six months after the top court struck down three provisions in this country’s prostitution laws, saying they created a dangerous environment for sex workers and impeded their ability to protect themselves.

The new bill targets customers, pimps and others who exploit vulnerable women and “treat sex services as a commodity,” MacKay told reporters Wednesday.

On Thursday, the NDP said the bill will do nothing to protect vulnerable women and asked MacKay whether it will be referred to the Supreme Court.

“In less than 24 hours the Justice Minister’s new bill already has legal experts predicting long court battles over whether or not it respects the Charter, the Constitution and the Bedford ruling of the Supreme Court of Canada,” Deputy NDP Leader Megan Leslie said in question period.

“So will the minister skip his divisive talking points? Will he do the sensible thing and refer this bill to the Supreme Court of Canada immediately?”

MacKay did not say whether he would refer the bill to the court. Rather, he said the legislation meets the objectives of “protecting vulnerable Canadians, protecting communities,” and giving police the tools they need to do their jobs.

Under the bill:

  • the purchase of sexual services will now be a criminal offence, as will financially benefitting from the exploitation of others through prostitution.
  • the advertising of others’ sexual services either in print or online will be a criminal offence. Prostitutes can advertise their own sexual services.

Prostitutes themselves will not be charged “for any part they play” in the purchase, material benefit, procurement or advertising of sexual services, MacKay told reporters Wednesday after tabling the bill.

However, it will be a crime to communicate for the purpose of selling sexual services in public spaces where a child could reasonably be expected to be present.

Emily Symons of POWER, an advocacy group for sex workers, said Wednesday that making the sale of sex in public spaces illegal will put sex workers at risk by forcing them to work in isolation.

“Sex workers will die because of these laws,” Symons told CTV’s Power Play Wednesday.

Back in December, the Supreme Court declared that three provisions in Canada’s prostitution laws are unconstitutional: the prohibition on keeping a brothel, living on the avails of prostitution and communicating in public for the purpose of prostitution.

MP Francoise Boivin told the House Thursday that the decision “forced the government to review its prostitution legislation to better protect the lives and safety of sex workers.

“But a number of provisions in this bill do not support that objective and seem to go against the Supreme Court ruling. We are worried that C36 might increase violence and push prostitution into the shadows.”

The bill not only protects women and communities, but children as well, MacKay said. And it commits to establishing programs with the provinces and territories that ultimately help women “exit a life of prostitution to find a better path.

“To find a way forward that does not involve exposing themselves to violence and the inherent dangers that come with prostitution.”