December 20, 2013

Canada strikes down anti-prostitution laws

But the highest court gives Parliament a year to respond with legislation governing the sex trade.

By Charmaine Noronha
The Associated Press

TORONTO — Canada’s highest court struck down the country’s anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.

click image to enlarge

Terri-Jean Bedford, a retired dominatrix, gives a victory sign as she talks to reporters at the Supreme Court of Canada in Ottawa on Friday morning.

The Associated Press

The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada’s prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won’t take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.

The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn’t in itself illegal in the country.

Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future.

“Some of the (current) provisions actually limit sex workers’ ability to protect themselves,” Leckey said.

The court found that Canada’s prostitution laws violated the guarantee to life, liberty and security of the person. For instance, it said the law prohibiting people from making a living from prostitution is too broad.

It is intended “to target pimps and the parasitic, exploitative conduct in which they engage,” the ruling said. “The law, however, punishes everyone who lives on the avails of prostitution without distinguishing between those who exploit prostitutes and those who could increase the safety and security of prostitutes, for example, legitimate drivers, managers, or bodyguards.”

Other countries around the world, particularly in Europe, are having similar debates. Earlier this month, France’s lower house of parliament passed a bill that would decriminalize prostitutes and fine their customers. Some argue such laws empower prostitutes against their potential exploiters but others – including some prostitutes – say it only drives their practice further underground and makes it more dangerous.

Sex-trade workers in Canada stepped up their fight for safer working conditions following the serial killings of prostitutes by Robert Pickton in British Columbia. Pickton was convicted in 2007 of killing six women whose remains were found on his farm outside Vancouver.

Years earlier, authorities had closed down a Vancouver house for sex workers that many had considered a safe haven just as the disappearance of several prostitutes began raising fears that a serial killer was prowling the streets.

The Supreme Court ruling upheld an Ontario Court of Appeal ruling last year that, among other findings, struck down the ban on brothels on the grounds that it endangered sex workers by forcing them onto the streets.

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