Canada Decriminalizes Prostitution (For Now)

In a landmark ruling, a judge has ruled the prostitution laws in Canada are unconstitutional, because they contribute to the danger faced by sex workers.

Prostitution has never been illegal itself, but everything related to it has been — from living off the avails of prostitution, to running a bawdy house. The result it that being a sex worker was effectively criminalised.

That is, until now.

“It is my view that in the meantime these unconstitutional provisions should be of no force and effect, particularly given the seriousness of the charter violations,” wrote Ontario Supreme Court Justice Susan Himel.

“However, I also recognize that a consequence of this decision may be that unlicensed brothels may be operated, and in a way that may not be in the public interest.”

Until the legislature is able to get together and bang together a new law, prostitution has effectively been legalized. However, there is a 30 day suspension of the decision.

This is a great opportunity for the government to ask the Canadian people what we want, although it is unlikely that the Harper administration will be predisposed to letting street walkers ply their trade. Although if he thinks outlawing prostitution is effective, perhaps he should take a quick walk around downtown Vancouver — or have a dig around Robert Pickton’s pig farm.

The case was brought forward by dominatrix Terri-Jean Bedford, Valerie Scott and Amy Lebovitch, who argued that prohibitions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade are a violation of their charter rights to security of the person and freedom of expression.

Legalizing prostitution is something that many advocates for sex trade workers have said will reduce the rates of assault and murder commonly associated with the practice. However, some people worry that it will make Canada a haven for human traffickers and that it does not change the fact that prostitution is still harmful to the women involved in it.

“So what’s happened is that there’s still going to be many people on the streets and many survival sex workers who are motivated by drugs and sometimes exploited by very bad men. That’s not going to change,” said Alan Young, the lawyer who argued their case.

“Here’s what changed. Women who have the ability, the wherewithal and the resources and the good judgment to know that moving indoors will protect them now have that legal option. They do not have to weigh their safety versus compliance with the law.”

If no new law is passed within the 30 days, prostitutes will be able to unionize, set up workmen’s compensation programs and will be forced to pay income tax.

“We don’t have to worry about being raped and robbed and murdered,” said Scott. “This decision means that sex workers can now pick up the phone, and call the police and report a bad client. This means that we no longer have to be afraid, that we can work with the appropriate authorities.

“We want to be good citizens and it’s time, now we finally can.”