The Supreme Court of Canada has struck down the country’s major prostitution laws, saying that bans on street soliciting, brothels and people living off the avails of prostitution create severe dangers for vulnerable women and therefore violate Canadians’ basic values.
The Toronto Globe and Mail reports Chief Justice Beverley McLachlin, writing for a unanimous court, stressed that the ruling is not about whether prostitution should be legal or not, but about whether Parliament’s means of controlling it infringe the constitutional rights of prostitutes.
The court suspended its ruling for one year to give Parliament time to respond. The ball is now back in the court of Justice Minister Peter MacKay, who needs to decide whether to adopt new prohibitions and if so, how to ensure those prohibitions do not fall afoul of the court.
Mr. MacKay suggested in a statement that the government will continue to look at prohibiting prostitution in some fashion. The government is “exploring all possible options to ensure the criminal law continues to address the significant harms that flow from prostitution to communities, those engaged in prostitution, and vulnerable persons,” he said.
The three principals in the case are retired dominatrix Terri-Jean Bedford, Vancouver sex worker Amy Lebovitch and former prostitute Valerie Scott, of Toronto.
Windsor already differs from Detroit when it comes to sex: Escort services are legal, prostitution is legal as long as customers and sex workers do not encounter one another on the street, and totally nude dancing is permissible in strip clubs.
