Three women – Terri Jean Bedford, Amy Lebovitch and Valerie Scott – brought the case in 2007, challenging three criminal laws that prohibit various aspects of adult prostitution, arguing that the prohibitions against pimping, working in a brothel or communicating with customers increase the dangers faced by prostitutes. The Supreme Court of Canada struck down all three laws, ruling they were unconstitutional.
By R. Paul Dhillon
With News Files
OTTAWA – Canada’s highest court has struck down the current prostitution laws in a resounding 9-0 ruling that says the three existing laws against keeping a brothel, living on the avails of prostitution, and street soliciting are unconstitutional.
The high court finds those laws imposed dangerous conditions on prostitution and has given the government one year to come up with new legislation regarding prostitution in Canada.
Three women – Terri Jean Bedford, Amy Lebovitch and Valerie Scott – brought the case in 2007, challenging three criminal laws that prohibit various aspects of adult prostitution, arguing that the prohibitions against pimping, working in a brothel or communicating with customers increase the dangers faced by prostitutes.
Lawyer Elin Sigurdson represents some Downtown Eastside groups that are welcoming the ruling.
“We think they have come to a decision that is sound and it’s going to make a great deal of difference for people in our community,” she told News 1130.
Sigurdson says the current laws put sex trade workers at risk of predators like convicted killer Robert Pickton.
“These laws might have been designed to do something positive at some point, but they have never achieved any of their goals. They have instead created a regine that puts people in jeopardy,” he said
After years of legal battles, the three sex workers who challenged the laws prohibiting many activities related to sex work have been completely victorious.
“We send our congratulations to Terri-Jean Bedford, Valerie Scot and Amy Leibovitch for their tenacity in insisting that sex workers deserve better. This is a win for sex workers globally and locally,” said Kara Gillies, a long time sex worker and activist for law reform.
“Now the work begins of making sure that sex workers are at the table for all decisions made about our lives. We must ensure that we never go back–and this means stopping any attempts to re-criminalize sex work or target our clients. We will continue to fight for full equality and justice and oppose any attempts to criminalize any part of the sex industry including our clients,” said Chloe, current sex worker and advocate.
SFU criminology professor John Lowman, who testified as an expert witness on behalf of the applicants in this case, says: “It’s a slam dunk—all three impugned laws struck down. Now the fight really begins. This decision could prompt the federal government to criminalize the buying and/or selling of sex for the first time in Canadian history.”
Lowman has studied prostitution and prostitution law for more than 30 years.
Lawyers for the BC Civil Liberties Association, which was an intervener in the case, said it was a watershed victory.
“This decision is a major legal victory and will help ensure that adult sex workers have safety and control and the ability to determine the circumstances of their work. This decision signals the end of an era of discrimination against sex workers, and is a welcome closing chapter on these failed laws,” said Grace Pastine, Litigation Director for the BCCLA.
“Sex workers are overwhelmingly women, poor, Aboriginal, suffer from addiction and are victims of physical and sexual violence. The Supreme Court of Canada has sent a strong message that the lives of these women matter and that their voices must be heard.”
Pastine said Robert Pickton case highlighted the violence that sex workers face in Canada and the Court acknowledged that there are ways of conducting prostitution that could significantly reduce the risk of violence towards sex workers, such as allowing sex workers to work indoors, to work with a companion or to work in settings with others nearby.
“The Court’s decision will go a long ways towards making sex workers safer, rather than pushing them further underground. Now is the time for federal, provincial and municipal politicians to sit down with sex workers and their representatives and work out regulatory schemes that will keep workers safe and healthy,” she said.
Not everyone welcomed the decision, especially the Conservative government that will now be faced with redrawing the laws. Justice Minister Peter MacKay said he was concerned with the ruling.
” We are reviewing the decision and are exploring all possible options to ensure the criminal law continues to address the significant harms that flow from prostitution to communities, those engaged in prostitution, and vulnerable persons. We are committed to the safety of all Canadians and the well-being of our communities. A number of other Criminal Code provisions remain in place to protect those engaged in prostitution and other vulnerable persons, and to address the negative effects prostitution has on communities,” MacKay said.
