TORONTO, Ont. – After more than nine months of deliberations and debates, Ontario’s Court of Appeal has nixed the law banning brothels.
The five-judge panel argued that the ban puts prostitutes in danger, saying they should be allowed to work under safe conditions indoors.
Lawyer Alan Young, who launched a challenge on behalf of sex-trade workers, said Monday’s decision means prostitutes are no long second-class citizens.
Dominatrix and former sex-trade worker Terri-Jean Bedford is one of three women directly involved in this battle.
“Women are having sex all over the place, everyday anywhere they want anyway, for money or not,” Bedford said. “Just because one red cent changes hands doesn’t make them a criminal.”
The court had been debating three major laws surrounding prostitution, and deemed two of three needed to be reworked.
The section involving keeping a common bawdy house was deemed unconstitutional in its current form, giving the government a year to rewrite the law so that is does not violate the rights guaranteed in the Canadian Charter of Rights and Freedoms.
The court also decided to amend the ban on living off the avails of prostitution, changing it to apply only to those who do so under circumstances of exploitation.
The appeal court did not, however, believe communication for the purposes of prostitution was unconstitutional, calling it a reasonable limit to our right of freedom and expression.
The court has extended the stay on the decision for thirty days, giving all sides time to consider their next options.
Toronto Police Chief Bill Blair told CityNews the ruling will provide more clarity to prostitution laws.
“It adds a little bit of clarity, I think, to the law in Ontario, which will be very helpful from an enforcement standpoint and certainly there is a little bit of time built into that decision to allow the legislature to come up with some alternatives to the laws that are being changed as a result of this ruling,” he explained.
Ontario Attorney General John Gerretsen says despite the ruling, the government won’t rush into anything.
“Right now we want to study the decision and see what course of action we want to take,” Gerretsen said.
A possible move could include an appeal to the Supreme Court of Canada, the highest court in the land.
Public Safety Minister Vic Toews told 680News the auditor general will be looking at the ruling.
“I think that there are certain social effects that were identified in the arguments before the court. I assume the Court of Appeal did not accept those arguments and those arguments have to be reviewed and an appeal has to be considered,” said Toews.
In a statement from his office, Federal Justice Minister Bob Nicholson said prostitution is bad for society and is harmful to communities.
Ontario’s top court strikes down law banning brothels
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