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This paper is a study of the discourse in the Parliament of Canada during the passage of Bill C-36. Introduced in June 2014, Bill C-36 was the Canadian government’s response to a Supreme Court of Canada decision that struck down Criminal Code provisions that prohibited certain activities associated with sex work. The Supreme Court found that the provisions unconstitutionally violated sex workers’ right to security of the person by imposing dangerous conditions on the profession. With Bill C-36, the Canadian government embraced an abolitionist approach to sex work regulation that further criminalized the practice by, among many things, making the purchase of sexual services illegal. To structure the discourse analysis, this paper relies heavily on Michel Foucault’s first volume of The History of Sexuality. Foucault posited that states use specific discursive strategies to regulate citizen’s sexual interactions to achieve biopolitical goals. This paper reveals that the discursive strategies proposed by Foucault were present in parliamentary debate over Bill C-36, and their presence provides insight into the capitalist and settler colonial objectives of Bill C-36.

Sex work and biopolitics: a Foucauldian analysis of Bill C-36 discourse in the Parliament of Canada