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.
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.
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.
“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 anymore,” said Amy Lebovitch, who brought the case along with Terri-Jean Bedford and Valerie Scott.