Provisions of Canada's anti-prostitution laws were thrown out by the Ontario Superior Court in September. (Reuters)

An Ontario Court of Appeals judge is to rule Tuesday whether to allow key sex-trade laws to be struck down as ordered by a lower court.

Sex-trade workers have said that removing the laws will allow them to work indoors, hire bodyguards and communicate with potential clients to determine if they would pose a threat.

Government lawyers have argued that striking down the laws will cause some crimes, such as human trafficking, to increase.

On Sept. 28, an Ontario Superior Court judge threw out three provisions of Canada's anti-prostitution laws in response to a constitutional challenge by a Toronto dominatrix and two prostitutes in 2009.

Justice Susan Himel ruled the Criminal Code provisions that prohibit keeping a common bawdy house, communicating for the purposes of prostitution, and living off the avails of prostitution contribute to the dangers faced by sex-trade workers.

Tuesday's ruling from appeal court Justice Marc Rosenberg could see Himel's decision either upheld or put on hold so that Parliament can create new legislation.