The Supreme Court of Canada has opened the door potentially for a major loosening of the country's prostitution laws by agreeing Thursday to review an Ontario ruling that gave the green light to legalized brothels.
The top court announced it will hear the federal government's appeal of an Ontario Court of Appeal decision last March that found Criminal Code statutes against allowing prostitutes to work in brothels and hire bodyguards and drivers were unconstitutional, Postmedia News reported. Pimping, however, would still be illegal.
The Appeal Court, upholding a lower-court decision, ruled so-called bawdy-house laws restricted prostitutes' ability to protect themselves under Charter guarantees in Section 7 to life, liberty and security of the person.
The original case was brought by Terri-Jean Bedford, a dominatrix and former prostitute, who argued sex workers were better off indoors than soliciting clients on the streets.
"When you are out on the street, the laws are horrible … and they move people into the shadows," Bedford told CBC News last March.
Bedford and two other women, Amy Lebovitch and Valerie Scott, had also challenged the law against communicating for the purposes of prostitution. The Appeal Court upheld that section of the Criminal Code, though two of the five judges dissented, wanting all three sections struck down.
The Supreme Court has agreed to hear the three women's cross-appeal of that part of the decision.
The Appeal Court had suspended its ruling for a year to allow the federal government to amend the legislation. With Ottawa's appeal, the existing laws remain in effect pending the Supreme Court's final decision.
"As the prime minister has said, prostitution is bad for society and harmful to communities, women and vulnerable persons," Justice Minister Rob Nicholson said in a statement last March, according to CBC News.
The Conservative government filed its appeal in May.
"It is important to clarify the constitutionality of the law and remove the uncertainty this decision has created," Nicholson said at the time, according to the Postmedia News. "The Criminal Code provisions denounce and deter the most harmful and public aspects of prostitution."
While the high court ponders the Bedford case, another challenge is waiting in the wings.
The Supreme Court last month rejected the federal government's attempt to block a constitutional challenge of prostitution laws by a group of Vancouver sex-trade workers.
The group wants the court to hear its argument that the laws violate their right to equality, freedom of association and freedom of expression, The Canadian Press reported.
http://ca.news.yahoo.com/blogs/dail...could-legalize-brothels-canada-180710045.html
http://www.cbc.ca/news/canada/toronto/story/2012/10/25/supreme-court-prostitution-laws.html
The top court announced it will hear the federal government's appeal of an Ontario Court of Appeal decision last March that found Criminal Code statutes against allowing prostitutes to work in brothels and hire bodyguards and drivers were unconstitutional, Postmedia News reported. Pimping, however, would still be illegal.
The Appeal Court, upholding a lower-court decision, ruled so-called bawdy-house laws restricted prostitutes' ability to protect themselves under Charter guarantees in Section 7 to life, liberty and security of the person.
The original case was brought by Terri-Jean Bedford, a dominatrix and former prostitute, who argued sex workers were better off indoors than soliciting clients on the streets.
"When you are out on the street, the laws are horrible … and they move people into the shadows," Bedford told CBC News last March.
Bedford and two other women, Amy Lebovitch and Valerie Scott, had also challenged the law against communicating for the purposes of prostitution. The Appeal Court upheld that section of the Criminal Code, though two of the five judges dissented, wanting all three sections struck down.
The Supreme Court has agreed to hear the three women's cross-appeal of that part of the decision.
The Appeal Court had suspended its ruling for a year to allow the federal government to amend the legislation. With Ottawa's appeal, the existing laws remain in effect pending the Supreme Court's final decision.
"As the prime minister has said, prostitution is bad for society and harmful to communities, women and vulnerable persons," Justice Minister Rob Nicholson said in a statement last March, according to CBC News.
The Conservative government filed its appeal in May.
"It is important to clarify the constitutionality of the law and remove the uncertainty this decision has created," Nicholson said at the time, according to the Postmedia News. "The Criminal Code provisions denounce and deter the most harmful and public aspects of prostitution."
While the high court ponders the Bedford case, another challenge is waiting in the wings.
The Supreme Court last month rejected the federal government's attempt to block a constitutional challenge of prostitution laws by a group of Vancouver sex-trade workers.
The group wants the court to hear its argument that the laws violate their right to equality, freedom of association and freedom of expression, The Canadian Press reported.
http://ca.news.yahoo.com/blogs/dail...could-legalize-brothels-canada-180710045.html
http://www.cbc.ca/news/canada/toronto/story/2012/10/25/supreme-court-prostitution-laws.html
