Prostitution is legal in Canada and has been so since before Confederation.
But virtually everything related to prostitution, soliciting for client, working in a brothel, living on the avails of prostitution, is illegal and has been so since before Conference.
Until Bedford v. AG, 2010 ONSC 4264.
The Ontario Superior Court ruled that the laws against soliciting, bawdyhouses and living on the avails of prostitution were unconstitutional because they violated the security of the person and liberty rights of prostitutes.
The Crown argued the decision was based on a false premise that there was a “right to engage in prostitution”. Certainly, the Court held “[p]rostitutes are faced with deciding between their liberty and their security of the person”, which ignores the face that becoming a prostitute is a choice and not inherent in an individual. Becoming a prostitute (save in cases of human trafficking, which was not at issue in the case) is a choice unlike, for example, being of African heritage.
The Court, by implication only, as the Crown’s argument on false premise was not directly addressed, held that an economic choice can amount to a constitutionally protected right.
A remarkable decision and one certain to be appealed.
2 comments:
I think you make some good legal points on this issue that I hadn't thought of. The politico in me loved this decision but the lawyer is starting to see how this is not in keeping with existing precedent and is vulnerable on appeal. Personally I'd like to see constitutional protection for "liberty" expanded and have more analysis done at the PFJ or Oakes level.
As an aside the reaction of a lot of Liberals (so far only at the provincial level but I expect the feds to follow) to this ruling reinforces for me at least my decision to leave the party. It is too socially conservative for me. It prefers to continue to bang its head against the wall and support policies that attempt to prohibit rather than regulate "vices" to appease its moralizing socially conservative wing. We saw the same thing when it bent over for the Conservatives on the drug war bills. Maybe some day the social liberals will control the party and I'll return but for the time being I'm happy to be out.
"Becoming a prostitute (save in cases of human trafficking, which was not at issue in the case) is a choice..."
This demonstrates a fundamental lack of understanding about what leads women, and men, to prostitution. Drug addiction, mental health issues and abuse are almost always present in prostitutes, particularly with the ones who are most vulnerable. Prostitutes almost always start as child prostitutes and it becomes the only lifestyle they know. It is a vicious cycle they cannot escape. You do these people a grave disservice by suggesting prostitution is a life style choice.
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