Attachments to Victimhood: Anti-Trafficking Narratives and the Criminalization of the Sex Trade

Abstract

Following the Supreme Court’s decision in Canada (Attorney General) v. Bedford to strike down criminal law provisions related to the regulation of sex work, the government passed Bill C-36, ultimately reaffirming the project of criminalizing prostitution. Also known as the Protection of Communities and Exploited Persons Act (PCEPA), Bill C-36 is part of a global trend that shifts the state’s attention away from regulating sex work as a societal nuisance, and instead, puts forth a carceral agenda which situates sex workers as victims of an inherently exploitative and coercive sex trade – pivoting the punitive elements of criminal law onto clients and mythologized profiteers of the sex trade. Focusing on the testimonies of neo-abolitionists leading up to the implementation of Bill C-36, this article critically explores the ways sex work is constituted as a problem of ‘trafficking’ and how attachments to victimhood allow for renewed criminalization within this new regulatory framework.