The Supreme Court of Canada has struck down the country's anti-prostitution laws in a unanimous decision, and given Parliament one year to come up with new legislation — should it choose to do so.
In striking down laws prohibiting brothels, living on the avails of prostitution and communicating in public with clients, the top court ruled Friday that the laws were over-broad and grossly disproportionate.
The ruling was in response to a court challenge by women with experience in the sex trade Terri Jean Bedford, Amy Lebovitch and Valerie Scott.
The top court agreed with an Ontario court ruling that overturned the laws.
The Ontario Court of Appeal had upheld the law against communicating in public, but sided with the lower court in overturning the provisions against living off the avails and keeping a common bawdy house or brothel.
Dominatrix Terri-Jean Bedford, right, and sex workers advocate Valerie Scott brought the case against Canada's prostitution laws. (Darren Calabrese/Canadian Press)
The women in the case had argued that the laws prevented them from safely conducting their business as sex-trade workers, arguing that hiring bodyguards and drivers, and being able to work in private homes or talk with potential clients in public were important to their safety.
Reaction was swift and divided.
"It's a sad day that we've now had confirmed that it's OK to buy and sell women and girls in this country. I think generations to come — our daughters, their granddaughters and on — will look back and say, 'What were they thinking?,'" said Kim Pate, executive director of the Canadian Association of Elizabeth Fry Societies.
"To say that [prostitution] is a choice when you're talking about the women we work with is to say that in fact it's OK to just exploit them," Pate said.
"We've never seen men criminalized for buying and selling women and girls. We've always seen women criminalized for selling themselves. We absolutely object to the criminalization of women. Our position would not interfere with those women who truly have made their choices."
Decision slammed and applauded
Lebovitch, however, said the decision will help protect sex-trade workers.
"I am shocked and amazed that sex work and the sex work laws that affect our lives on a daily basis will within a year not cause us harm any more."
"It's a huge victory for all the people in Vancouver, all my sisters out there who are going to be safe. It's just a huge, huge victory. I'm so happy," added Lorna Bird of the advocacy group Sex Workers United Against Violence.
Don Hutchinson, vice-president and general legal counsel for Evangelical Fellowship of Canada, said his group wants Parliament to come back with a new law that would "criminalize the purchase of sex and provide support services for those who wish to exit the sex trade.
"What we're suggesting is that for the first time in Canada, prostitution would be illegal. The purchase of sexual services or the rental of somebody's body would become illegal," Hutchinson said.
"If there's no replacement legislative scheme, then it's open season in regard to prostitution."
Mobile users, read the ruling here
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