Ontario court dismisses sex workers' Charter challenge, rules laws constitutional

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TORONTO — 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.

Justice Robert Goldstein's decision says the Protection of Communities and Exploited Persons Act, brought in by the former Conservative government, balances prohibition of"the most exploitative aspects of the sex trade" while protecting sex workers from legal prosecution.

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. Even though prostitution was legal under the previous laws, nearly all related activities – such as running a brothel, pimping and communicating in a public place for the purposes of prostitution – were against the law.

The federal government maintained those new statutes do not prevent people selling sex from taking safety measures and says they are meant to reduce both the purchase and the sale of sexual services.

 

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