Canada strikes down ALL of its anti-prostitution laws after sex workers said ban on brothels put them at risk

  • Prostitution was already legal in Canada but a number of related laws attempted to curb the practice
  • Today's court ruling struck down the bans against running brothels, living off gains made by prostitution and street solicitation
  • Fight began when sex workers called for greater legal protections after serial killer on a pig farm murdered six prostitutes
  • Laws will go into effect next year

By Daily Mail Reporter

PUBLISHED: 13:50 EST, 20 December 2013 | UPDATED: 17:37 EST, 20 December 2013


Canada has removed all anti-prostitution laws after sex workers fought for safer working conditions following the serial killings of prostitutes by a pig farmer in British Columbia.

The 9-0 Supreme Court ruling found that the laws violated the guarantee to life, liberty and security of the person but it will not take effect immediately because Parliament has a one-year reprieve to respond with new legislation.

Prostitution isn't illegal in Canada, but many of the activities associated with prostitution are classified as criminal offenses.

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Cracking the whip: Dominatrix Terri-Jean Bedford was one of three plaintiffs in the case pushing for the decriminalization of certain activities associated with prostitution like running a brothel

Cracking the whip: Dominatrix Terri-Jean Bedford was one of three plaintiffs in the case pushing for the decriminalization of certain activities associated with prostitution like running a brothel

Concern: Sex workers felt that by banning the likes of street solicitation, their health and safety was at risk

Concern: Sex workers felt that by banning the likes of street solicitation, their health and safety was at risk

The high court struck down all three prostitution-related laws: against keeping a brothel, living on the avails of prostitution, and street soliciting.

The landmark ruling comes more than two decades after the Supreme Court last upheld the country's anti-prostitution laws.

The decision upheld an Ontario Court of Appeal ruling last year that struck down the ban on brothels on the grounds that it endangered sex workers by forcing them onto the streets.

 

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Chief Justice Beverley McLachlin, writing on behalf of the court, said Canada's social landscape has changed since 1990, when the Supreme Court upheld a ban on street solicitation.

'These appeals and the cross-appeal are not about whether prostitution should be legal or not,' she wrote.

'They are about whether the laws Parliament has enacted on how prostitution may be carried out pass constitutional muster. I conclude that they do not.' 

Happy day: Valerie Scott (center) is a former sex worker who helped push for the change in laws after six prostitutes were found dead on a pig farm that belonged to a serial killer

Happy day: Valerie Scott (center) is a former sex worker who helped push for the change in laws after six prostitutes were found dead on a pig farm that belonged to a serial killer

A Vancouver sex worker who was part of a group that brought the case applauded the court's decision.

'I'm shocked and pleased that our sex laws will not cause us harm in a year,' Amy Lebovitch said in a news conference.

Katrina Pacey, a lawyer for the group, called it 'an unbelievably important day for the sex workers but also for human rights.'

'The court recognized that sex workers have the right to protect themselves and their safety,' she said.

Sex-trade workers argued that much has happened since the high court last considered prostitution, including the serial killings of prostitutes by Robert Pickton in British Columbia. Pickton was convicted in 2007 of killing six women whose remains were found on his farm outside Vancouver.

In 1990, the two women on Canada's Supreme Court dissented on the ruling upholding the ban on street solicitation. This time, all six men on the court justices sided with their three female colleagues.

Now and then: Scott (left) and Bedford (right) are both retired but the change in legislation will effect current sex workers like Amy Lebovitch (center) when it goes into effect next year

Now and then: Scott (left) and Bedford (right) are both retired but the change in legislation will effect current sex workers like Amy Lebovitch (center) when it goes into effect next year

Peace of mind: Scott and Lebovitch hug after the ruling was announced, which cited sex workers' right to life, liberty and security of the person

Peace of mind: Scott and Lebovitch hug after the ruling was announced, which cited sex workers' right to life, liberty and security of the person

'The harms identified by the courts below are grossly disproportionate to the deterrence of community disruption that is the object of the law,' McLachlin wrote. 'Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes.'

The Supreme Court appeared to acknowledge the Pickton case in the ruling, saying: 'A law that prevents street prostitutes from resorting to a safe haven such as Grandma's House while a suspected serial killer prowls the streets, is a law that has lost sight of its purpose.'

Grandma's House was a safe house established to support street workers in Vancouver's drug and violence-riddled Downtown Eastside, at about the same time as fears were growing that a serial killer was prowling the streets.

The Supreme Court also struck down the law that makes living off the avails of prostitution illegal, rejecting the Ontario government's argument that it is designed 'to target the commercialization of prostitution and to promote the values of dignity and equality.'

The three principles in the case are: Lebovitch, retired dominatrix Terri-Jean Bedford and former prostitute Valerie Scott, of Toronto.

Parliament could ask the Supreme Court for an extension on the effect of the ruling, if it has tabled legislation but can't meet the one-year deadline.

The ruling told Parliament it needs to reshape the legal framework around prostitution.

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Great, now even longer lines trying to go north across the border, and Canadian hotel prices will go through the roof.

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Liberation of Whom??

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This is Canada remember, wait for the first one to be fined for not doing it bilingually.

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Revenue Canada has introduced a new tax for the profession...PAYF!

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The tax will be similar to th UKs paye, but it will be known as PAYF!

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As long as they realize that once regulated and safe, they will be paying taxes.

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i knew a callgirl who told me why she became one.... her answer? money!!!! she came from a good family but where else can you make $300 for half a hour tax free??? she vetted her men carefully and never got into any dangerous situations... but the most touching thing she told me that some of those men are just socially awkward... and more times that i thought likely these men did not spend their 30 mins engaged in sex but all they wanted was finally have someone to talk too.....and that is what they did...just talk to her....but i fear that our Canadian government will just bring in a new set of useless laws to forbid this age old profession... any desire by a person who wants to do good for their fellow men and go into politics soon is kissed goodbye ... why ? because when they get into power all that is important to them is to keep that power at any cost and so as in this case instead of bringing in regulations allowing this profession unfettered they wont

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The courts struck these terrible laws down NOT the politicians.. they are not happy about it... Ha Ha...... The judge was a woman... Good for her.

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The profession will always exist. It's high time we regulated the industry to protect the people who work in it.

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this is right. Both traffickers and feminists want to control women's bodies. Traffickers make money off the women's work. Feminists want to control access to sex. If sex workers can go legit and set their own terms at least they get a chance to control their own bodies, even if it isn't the nicest profession

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