Prostitution laws not suspended

There is a bit of a media kuffufle about a decision of the Court of Appeal for Ontario expected by the end of the week.

As readers may recall, at the end of September, Ontario Superior Court judge, Justice Susan Himel, struck down some of Canada’s prostitution laws, saying provisions meant to protect women are “contributing to the danger faced by prostitutes,” and violating their rights. Justice Himel put a 60 day stay on her decision and that stay expires.

The Crown has appealed and has asked the Court of Appeal to extend the stay until the appeal is heard.

On the surface it might seem that if the stay isn't granted it will become legal to, for example, open a brothel. But that's not the way the law works.

Justice Himel's decision does not bind any other Superior Court judge. Other Superior Court judges could disagree. Now, in fairness, Justice Himel's decision is (likely) binding on Ontario Court of Justice judges and since they hear the large majority of cases related to prostitution offences there would be a real impact. That said, until the Court of Appeal finally rules, the prostitution laws struck down remain and police can properly lay charges.

The situation seems confusing and it is confusing. That in itself is a bad thing because criminal law ought to be fairly easy to understand -- people should be able to distinguish between criminal and non-criminal conduct in a simple manner. But all that says is the Court of Appeal decision (and then the inevitable Supreme Court of Canada decision) should be made as quickly as possible.