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The Evolution of Prostitution Laws in Canada: A Balancing Act of Rights and Safety

Prostitution itself is legal in Canada, but associated activities have historically been criminalized. From a 1972 law targeting women on the streets to the controversial 2008 amendments, which made public solicitation a crime, Canada has undergone significant legal changes in this realm. The pivotal Bedford case challenged these laws on constitutional grounds, arguing they endangered sex workers. In 2013, the Supreme Court struck down key sections of the Criminal Code, giving Parliament a year to reassess its approach, with options including decriminalization, legalization, or the Nordic model.

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The Evolution of Prostitution Laws in Canada: A Balancing Act of Rights and Safety

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  1. Change with the Times Prostitution Laws in Canada

  2. Background • Prostitution: the exchange of money in return for performance of a sexual act, is not illegal in Canada • Activities associated with it however are illegal • 1972- the Criminal Code stated any woman on the streets at night with no valid excuse was an undesirable as were owners of bawdy houses • After 1972 the law was changed to “soliciting for the purpose of prostitution” and “operation of a common bawdy house” as crimes

  3. Background • 1988 the government amended the criminal Code so that communicating in a public place for the purpose of prostitution a crime (which includes cars by the way) • 2009 three sex workers led by Terri Jean Bedford applied to the Ontario Superior Court of Justice to have certain laws struck down as being unconstitutional • Section 210- Operation of a Bawdy-House- fixed indoor location of which sole purpose is prostitution (includes hotels) • Section 212 (1) (j)- Living on the Avails- prohibits living off of the profits of prostitution or another’s prostitution • Section 213 (1) (c)- Communicating in a Public Place- prohibits communicating in any manner with any person for the purposes of engaging in prostitution • Realistically the laws themselves were made to remove the ‘nuisance’ of this behavior from public scrutiny- which is a good intention, however…

  4. Background • The Bedford case argued that the laws violated their right to security of the person (section 7 of the Charter) while in the pratcice of a legal activity • Justice Susan Himel of the O.S.C. of Justice- practicing prostitution indoors and having the ability to hire managers, drivers and security would reduce or eliminate the dangers associated with prostitution • Himel also stated that section 213 forced prostitutes to make hasty decisions in unsafe locations without properly screening customers, increasing the risk of harm (even though they are acting in a legal occupation) • Himel struck down all three laws- the government wasn’t happy

  5. Background • Ontario Court of Appeal heard the appeal from the Attorney General of Canada • The Court of Appeal agreed with the lower court- the laws were too broad • By forcing prostitutes on to the streets and creating disruptions, the laws were responsible for making people's lives unsafe • The government was not happy again

  6. Background • Dec. 20 2013- SCC struck down all three sections of the Criminal Code • “Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes”- Ch. J. McLachlin • The laws made anyone associated with prostitution criminals and infringed on their liberty • Since prostitution was not illegal, the laws themselves increased the risks of people who were involved in a legal activity- the government cant pass laws that make people unsafe • The Canadian Parliament has one year in which to consider its options in the face of the SCC’s ruling

  7. So What Now? • This comes down to a balancing act- the rights of individuals and the protection of public safety • There are essentially 4 options- • Decriminalization- do nothing further- have no laws about it • Legalization- regulate it in some way • Nordic Approach (Sweden and Norway)- criminalize the purchase of sex only • Prohibition- criminalize both the sale and purchase of it- make prostitution actually illegal then

  8. Activity • See handout: “A summary of prostitution regulations…” • Read over the selected countries and their current status regarding their laws and prostitution. • Continue to assignment.

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