CTV: Canada’s top court has struck down three key laws concerning prostitution in this country, declaring them unconstitutional, disproportionate and overly broad.
In a unanimous ruling, the Supreme Court said the laws prohibiting keeping a brothel, living on the avails of prostitution, and communicating in public for purposes of prostitution “do not pass Charter muster.” It said they infringe on the rights of prostitutes by depriving them of security of the person.
The law banning brothels forces prostitutes onto the streets, McLachlin wrote, and the resulting health and safety risks imposed upon street workers is “grossly disproportionate” to the law’s objective of preventing public nuisance.
“Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes,” McLachlin ruled.
As for the laws banning living on the avails of prostitution prohibition, McLachlin wrote that the intention of that law was to target pimps and those who attempt to exploit sex workers. But she said the law punished everyone who works with prostitutes, including those who work to protect them, such as bodyguards, managers and office receptionists.
Friday’s ruling is considered a victory for the three current and former sex workers who brought forth the application to challenge the laws; they appeared both stunned and delighted by the decision.
“I would like to thank the Supreme Court of Canada for declaring sex workers to be persons,” former prostitute Valerie Scott, one of the applicants, told reporters gathered in the court’s foyer.
“This is the first time in Canadian history that sex workers are truly persons, we are truly citizens of this country. And now we can work in our legal occupation in a legal manner,” she said. “This is the best decision I have ever had in my life.”
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Photo by Mat Bakkjen
Well done, our Supreme Court! Unfortunately, the current laws stand for 1 year to give the government the opportunity to come up with an ‘acceptable’ alternative. I doubt they’ll drop the matter.
cool