A Historic Decline in Arrests
In a surprising turn of events, the number of sex work-related arrests in Toronto has undergone a staggering transformation over the past three decades. While Canada's legal approach to sex work has become more restrictive, enforcement on the streets has significantly diminished. According to recent academic findings, arrests have fallen by an astonishing 99.6% since the early 1990s.
Back in 1992, Toronto police recorded close to 2,800 arrests linked to prostitution-related offenses. By 2020, that number had dropped to just 11. This dramatic shift comes despite the implementation of stricter legislation aimed at controlling sex work, raising critical questions about how laws are enforced and on whom.
Targeted Enforcement in Disadvantaged Areas
Although overall arrest rates have plummeted, enforcement has not vanished completely. Researchers mapped arrests across hundreds of neighborhoods in Toronto and found that police interventions are heavily concentrated in a small number of low-income districts. These areas are typically characterized by high unemployment, lower education levels, and greater economic hardship.
What’s particularly noteworthy is that these zones of enforcement don’t necessarily reflect where sex work is most active, but rather where law enforcement chooses to focus. In contrast, more affluent neighborhoods and indoor forms of sex work such as escort services operating out of apartments or hotels receive far less attention from police.
This pattern suggests a selective application of the law, disproportionately affecting already marginalized communities, especially street-based sex workers who may lack the resources to protect themselves from legal risks.
Legal Background: From Criminalization to Bill C-36
Canada’s approach to sex work has evolved considerably over the past several decades. While selling sex has not been explicitly illegal, many surrounding activities have historically been criminalized. In 1985, amendments to the Criminal Code introduced laws targeting public communication for the purpose of prostitution, sparking a spike in related arrests throughout the late 1980s and early 1990s.
That changed in 2013, when the Supreme Court of Canada ruled in favor of sex workers in the landmark Bedford decision. The court found several anti-prostitution laws unconstitutional, citing the risks they imposed on the safety and wellbeing of sex workers. As a result, arrests nearly vanished the following year.
However, in 2014, the federal government passed Bill C-36, also known as the Protection of Communities and Exploited Persons Act. This law shifted the focus from criminalizing the seller of sex to criminalizing the buyer. It also prohibited advertising sexual services, and made it illegal to benefit financially from another person’s sex work, even in a consensual setting.
Despite this tougher legal framework, enforcement continued to decline. In fact, the number of arrests has remained extremely low ever since even lower than during the immediate aftermath of the Supreme Court ruling.
The Disconnect Between Law and Enforcement
One of the most striking findings from the research is the growing disconnect between the content of the law and how it is actually enforced. On paper, Canadian laws surrounding sex work have never been more punitive. Yet in practice, law enforcement agencies appear to be stepping back.
This discrepancy raises critical questions about the purpose of these laws. If they are not being broadly enforced, why do they remain in place? And if they are only selectively applied to certain populations, are they doing more harm than good?
According to legal experts and sociologists, these inconsistencies highlight deeper issues of inequality. The law, while framed as a means of protecting vulnerable individuals, may in fact be exposing the most marginalized sex workers especially those working outdoors to continued legal and physical danger.
Advocates Call for Full Decriminalization
The findings from this study have added new momentum to growing calls for the decriminalization of sex work in Canada. Advocates argue that removing criminal penalties entirely not just shifting them from workers to clients is essential to improving safety, reducing stigma, and ensuring equal protection under the law.
Decriminalization would mean that consensual sex work would no longer be treated as a criminal matter, allowing workers to access legal protections, report abuse without fear of arrest, and organize collectively to protect their rights. Such an approach has already been adopted in countries like New Zealand, where early evidence suggests it has led to improved health and safety outcomes for sex workers.
While Canada’s current laws claim to be “end-demand” policies designed to reduce exploitation, critics argue that they have done little to help those most at risk. Instead, they perpetuate a system where those with the fewest resources especially women, LGBTQ+ individuals, Indigenous communities, and migrants face the brunt of enforcement.
A Moment of Reckoning
The collapse of arrest rates, alongside growing public debate, signals that Canada may be at a crossroads. Lawmakers, law enforcement, and the public must now confront a key question: Should sex work continue to be criminalized in any form, or is it time for a bold policy shift toward full decriminalization and rights-based approaches?
What’s clear is that the current system, though legally strict, is failing to deliver consistent or equitable results. If the goal is truly to protect those involved in sex work, then listening to those directly impacted sex workers themselves must become central to any future reform.
