With commentary by Centre alumna Prof. Rashmee Singh
"Bill C-36 will change the laws around prostitution in Canada, but will it actually make life safer for prostitutes?
"As the prime minister has said, prostitution is bad for society and harmful to communities, women and vulnerable persons," said Justice Minister Rob Nicholson in a statement emailed to Postmedia News. "We are reviewing the decision and our legal options. The Ontario Court of Appeal has affirmed the validity of the ban on solicitation for the purposes of selling sex. We continue to see a social need for laws to control prostitution and its effects on society."
The landmark decision means sex workers in Ontario will be able to hire drivers, bodyguards and support staff and work indoors in organized brothels or "bawdy houses," while "exploitation" by pimps remains illegal. However, openly soliciting customers on the street remains prohibited, with the judges deeming that "a reasonable limit on the right to freedom of expression."
A prostitute walks with an unidentified male down Toronto's Carlton St. near Jarvis.
This week a high-powered five-judge panel of the Ontario Court of Appeal is hearing the government’s defence of the prostitution laws. The three main laws ban “communication” in any public place for the purpose of prostitution, “living on the avails” (which criminalizes getting security or other help) and “bawdy houses.” These laws were struck down as unconstitutional by Ontario Superior Court Judge Susan Himel in October.
To counter Himel’s tightly reasoned judgment, the federal government’s lawyer, Michael Morris, introduced affidavits from former sex workers who have been victimized. Upholding the Himel decision would legalize this violence, he claimed.
Mariana Valverde, the author of this piece, is the Director of The Centre for Criminology & Sociolegal Studies. Tom
Terri-Jean Bedford claps with her riding crop at an informal press conference in September 2010.
Laws criminalizing prostitution in Ontario will remain in place until at least until April 29, 2011.
Justice Marc Rosenberg released his ruling this morning, saying he will extend the stay on a landmark decision that would have allowed sex workers to hire bodyguards and communicate freely to sell services.
Rosenberg suggested that the appeal should be heard before the April 29 deadline.
Lawyer Alan Young, who represents dominatrix Terri Jean Bedford, said the judge was concerned with the regulatory void, meaning the lack of laws to regulate the industry.
Last week, lawyers from Ottawa and Queen’s Park argued that the Ontario Court of Appeal should extend the stay on a landmark decision that would have effectively decriminalized prostitution in the province.