Ontario court dismisses sex workers’ Charter challenge, rules laws are constitutional

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The judge’s decision says the Protection of Communities and Exploited Persons Act balances prohibition of ‘the most exploitative aspects of the sex trade’ while protecting sex workers from legal prosecution

Ontario’s Superior Court has dismissed a Charter challenge launched by an alliance of groups advocating for the rights of sex workers, ruling that Canada’s criminal laws on sex work are constitutional.

The Canadian Alliance for Sex Work Law Reform had argued in court that the laws foster stigma, invite targeted violence and prevent sex workers from obtaining meaningful consent before engaging with clients – violating the industry workers’ Charter rights. The prostitution-related offences brought in under former prime minister Stephen Harper moved closer to criminalizing prostitution itself by making it against the law to pay for sexual services and for businesses to profit from it, as well as making communicating to buy sexual services a criminal offence.

 

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