A purchasing offence—which criminalized those who paid for sexual services—could be prosecuted as an indictable crime, with a maximum penalty of five years in jail. Or the Crown could choose proceed through a summary offence, with a maximum sentence of up to 18 months in jail.
There were also similar penalties imposed against those who advertised the sale of sexual services. But if their adult clients paid in a consensual arrangement, they could be charged, according to the Protection of Communities and Exploited Persons Act.
Other new measures included a ban on procuring and on others materially benefiting from the sex trade. At the time, he was applauded in Parliament by prohibitionist, social conservative, and then Conservative MP Joy Smith, who described his legal handiwork as an "absolutely fabulous bill".
Today, an Ontario judge struck down the advertising ban , concluding it wasn't a reasonable limit on the constitutional right to freedom of expression. Justice Thomas McKay also ruled the sections against procuring and obtaining material benefits weren't reasonable limits on the constitutional right to security of the person. So they were tossed out, too. Peter MacKay, who's now running for the Conservative party leadership, introduced these measures after the Supreme Court of Canada unanimously struck down three prostitution laws in as unconstitutional:.
/arc-anglerfish-tgam-prod-tgam.s3.amazonaws.com/public/2PXRPEIKQRHKHODQB4PZOQNIZM "Sex guide in Canada Prostitute")
Peter MacKay's subsequent amendments to the Criminal Code, then known as Bill C, were widely condemned by sex workers and public-health officials. Recently deceased Vancouver sex worker Jamie Lee Hamilton told the Straight in that MacKay was wrong in characterizing all sex workers as "victims". She also declared—and has now been vindicated posthumously—that the former justice minister's legislation contradicted the spirit of the Supreme Court of Canada's ruling in Speaking before the Commons justice committee on July 7, , MacKay claimed that his legislative changes would pass any constitutional test.
