Bill C-36 and the Kink Community

In December 2013, the supreme court of Canada struck down the Canadian prostitution laws on account of being against the Charter of Rights and Freedoms.  This began a race to put in place new laws before a December 2014 deadline.  After four intense days of committee hearings, Bill C-36 was passed onto the House of Commons to be quickly passed into law. But the question I am asking is: What does this mean to a sexually motivated community such as the kink community?

The language in the bill is ambiguous, particularly the term “sexual service.” This undefined term speaks volumes and nothing at the same time.  The definition has been left open ended on purpose, leaving the courts to decide what constitutes a `sexual service`.   Right now that term is creating chaos and uncertainty in all circles.  A government legal brief, submitted to the committee as it considered the bill, says that lap-dancing and masturbation in a massage parlour‎ count as a “sexual service” or prostitution, but not stripping or the production of pornography.  But again we ask the question:  what does this mean to a sexually motivated community such as the kink community?

MUNCHES

Munches are the most common Fetish event and can be found in most major cities across the province.  Because of their vanilla nature munches themselves should be largely unaffected by the new laws. The only money that changes hands is from patron to the restaurant and there is nothing that is considered racy or worthy of fueling passions, outside of vigorous conversation.

DOMINATRICES

Pro-doms have the most potential to be impacted here, since the government has long painted them with the same brush as sex workers.  Terri-Jean Bedford was incarcerated over a very public case, even though there was no sex involved. That was while under the old laws.  The new bill will allow enforcement agencies a lot more leeway.  The new bill will impact everything from how and where they can advertise right across the board. Bill C-36 prohibits the sex worker from working from home, under the common bawdy house section. The law works hard to make it impossible to work inside at all, providing significant difficulties for a Dominatrix. Using the language “acts of indecency” could very well include Dominatrices in their definition.

PLAY PARTIES/ SWINGER CLUBS

Bill C-36 reinstates the Common Bawdy House law that was previously struck down during the Bedford case.  Without the sections on prostitution, which are now removed, the law reads “a place kept, occupied, or resorted to for the practice of acts of indecency.”  On site swing clubs are this exactly, and a cranky officer could certainly make an argument for a play party to be considered occupying the space. House subs could also been seen as a sex worker, since sex is no longer a consideration for this designation.

What does Bill C-36 mean for the kink community?

Well at a time when BDSM and kink are becoming more accepted and moving out into the public light of normalcy,  this bill strikes out at our ability to reach social acceptance. We generally have always concerned ourselves with consent and safety, but now we need to keep an eye towards legality. While I don’t feel that the police will be overly concerned with the BDSM community under this new law, the ambiguity of the law’s wording can make for issues for the community on all levels.  The bill takes strides to impose the morality of the conservative government on our play scenes, community and lifestyle.

Know the facts