Sex-trade workers from across the country could flock to Ontario if a recent Superior Court ruling striking down three prostitution laws is upheld, the Ontario government says. (Reuters)

Minors being prostituted, violent crime on the rise and sex workers from across the country flocking to Ontario: That's the nightmare scenario being painted by the provincial and federal governments if the courts fail to uphold key provisions of the country's prostitution laws.

However, the lawyer who successfully challenged the laws that effectively criminalized prostitution says he doesn't buy the sky-is-falling scenario that Queen's Park and the federal government will lay out at a hearing Monday.

Laws against keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade were "contributing to the danger faced by prostitutes," Ontario Superior Court Judge Susan Himel ruled in September in striking them down.

However, the judgment was subject to a stay, during which the laws remain in place. But with the stay set to expire next weekend, the federal and provincial governments are pleading with the court to extend it until a proper appeal can be heard, lest a legislative void cause "irreparable harm."

Ontario Attorney General Chris Bentley refused to "speculate" on what plans, if any, the government has if next Saturday passes and the stay isn't granted.

"Our position is that the laws that exist, exist to protect people and protect communities," he said. "We don't want people to be lured into this area. We don't want communities to be dealing with this. These laws have been on the books for a reason and for a long time."

Federal government arguments filed with the Court of Appeal for Ontario in advance of a hearing on Monday list a litany of "likely" scenarios should Himel's ruling come into effect next weekend.

Removing the bawdy house law would likely lead to crimes such as human trafficking, prostitution of minors, extortion and assault going undetected, Ottawa argues. The Ontario government's submissions echoed the federal filings.

More prostitutes will likely be exploited by pimps, police would be forced to "abandon all ongoing investigations" and doing away with the laws will "likely encourage the movement of prostitutes to Ontario from other jurisdictions," the government adds.

Government claims 'vastly overstated'

Alan Young, the lawyer who argued on behalf of a group of sex-trade workers who challenged the laws, said he doesn't buy the "Chicken Little," sky-is-falling scenarios.

Ottawa's claims are "largely speculative," "vastly overstated" and not based on enough evidence to override the decision from Himel, who heard all of them herself before rendering her ruling, Young argues in court documents.

"The harms to which prostitutes are exposed are grave and substantial and vastly outweigh any alleged harm to the public and the community from the invalidation of the impugned provisions," he writes.

"You can't issue a stay for a law when the finding's been made that the law's causing harm," Young said in an interview. "You can't perpetuate the harm."

The Ontario government writes in court documents that one street youth worker says an increase of numbers of women on the street would make it easier to camouflage underage prostitutes among them.

In arguing there would be a greater risk to the community at large if the stay isn't granted, the province relies on an affidavit from the street youth worker. He says four pimps have expressed concern to him that because of the ruling organized criminals will get involved in street prostitution and that guns and gang violence will follow.

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

The Criminal Code provisions that were struck down were enacted in the public interest, the government argues, and they should not be struck down before Parliament has a chance to look at putting new laws in place.

A group of sex-trade workers in British Columbia has also launched a challenge of Canada's prostitution laws.