Bill C-36, the Protection of Communities and Exploited Persons Act (In force as of December 6, 2014)

Offence: Communicating for the purposes of offering or providing sexual services for consideration in public places that are next to school grounds, playgrounds or daycare centers (subsection 213(1.1)). 

Explanation:This offence criminalizes communicating for the purposes of selling sexual services in public places that are or are next to specific locations that are designed for use by children, i.e., school grounds, playgrounds, and daycare centers. Bill C-36’s objective includes protecting communities, and especially children, from the harms caused by prostitution. 

Definition of ‘public space’: … public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

We are seeking the support of all residents to advocate for the change of the word “next” to “within a minimum of 150 meters” in the law cited above.

Although this law intends to protect our children from the harms caused by prostitution, the lack of clarity vis à vis the legal distance allowed for the selling of sexual services has led to its application zero times in Ottawa since 2015.

Since Bill C-36 came into law in 2014, we have seen an increase in  sex trade-related activity mere meters from our schools, playgrounds and public parks; activities such as the purchasing of sex services by “Johns” and the offering of services by sex trade workers

Our children have a right to a safe distance near their school free from the harms of illegal activity.

We ask that all sex trade activity and related offences be banned within a minimum of 150 m of a school, playground, day care and other public locations that are designed for use by children.

In Ottawa, students must walk to school if their home is within:

0.8 kilometres of school and in kindergarten
1.6 kilometres of school and in Grades 1 to 8
3.2 kilometres of school and in Grades 9 to 12

We the undersign urge the Federal Minister of Justice, our Members of Parliament, and our municipal representatives to support clarifying the Protection of Communities and Exploited Persons Act to indicate within a minimum 150 m in lieu of “next” to specific locations that are designed for use by children.  This measure will permit law enforcement to better, and consistently, apply the law and for residents to be informed of what is a criminal act.