Prostitution laws stand for now in Ont.
Last Updated: Thursday, December 2, 2010 | 3:23 PM ET
CBC News
Related
Internal Links
External Links
(Note: CBC does not endorse and is not responsible for the content of external sites - links will open in new window)
Terri-Jean Bedford, left, and Valerie Scott, shown in 2009, along with a third woman, launched a constitutional challenge of Canada's anti-prostitution laws. (Michael Turshic/CBC) The Ontario Court of Appeal has ruled that Canada's prostitution laws will stay in place for at least several more months, pending an appeal of a landmark ruling.
The court ruling on Thursday means that three laws — communicating for the purpose of prostitution, keeping a common bawdy house and living off the avails of prostitution — will continue to be valid.
The decision extends the stay until April 29, putting pressure on the government to expedite the appeal.
Lawyer Alan Young, who represented the sex trade workers who fought the laws, said outside the court on Thursday that the appeal "must be heard before April 29."
"This is simply an interim measure," he said, because there has never been a situation in Canada where there has been a "complete regulatory void in terms of the sex trade."
Young said that as far as he was concerned the April 29 limit was unnecessary.
"We are ready to argue this tomorrow," he said.
"I do believe when the dust settles [the lower court] decision will be upheld both by the Ontario Court of Appeal and the Supreme Court of Canada," said Young.
Justice Marc Rosenberg, in his ruling, said it would be harmful to the public interest to have the lower court ruling come into effect immediately.
Federal Justice Minister Ron Nicholson said in Ottawa that he believes the laws are constitutional and that "the provisions denounce and deter the most harmful and public aspects of prostitution."
Nicholson said he expects the appeal will be heard before April 29.
Lawyers for the province and the federal government asked for the stay, saying that without it Canada would be plunged into an unprecedented social experiment because Parliament didn't have time to craft alternative legislation.
Earlier in 2010, an Ontario Superior Court judge struck down the three laws.
Justice Susan Himel ruled the laws were unconstitutional because they prevented sex trade workers from protecting themselves by doing business in their homes.
Himel said in her ruling that the current laws "contribute to the danger faced by prostitutes."
Dominatrix Terri-Jean Bedford, Valerie Scott and Amy Lebovitch had argued that the three laws forced them from the safety of their homes to face violence on the streets.
The women asked the court to declare legal restrictions on their activities a violation of charter rights of security of the person and freedom of expression.
Young said the laws as they stand right now mean "bad laws will continue to be under-enforced" and they need to be taken off the books right away.
Corrections and Clarifications
- An earlier version of this story said Ontario's prostitution laws would stay in place pending an appeal. In fact, the laws in question are part of Canada's Criminal Code. Dec. 2, 2010 | 2:22 p.m. ET
Share Tools
Latest Toronto News Headlines
- Councillors vote down downtown Toronto casino
- Toronto councillors have killed the building of a downtown casino, a controversial issue that Mayor Rob Ford had recently suggested was unlikely to go forward as a result of provincial government waffling. more »
- Only 1 set of human remains found at Millard farm, police say
- Hamilton police have confirmed that they are dealing with only a single set of human remains at the Waterloo region farm of Dellen Millard. more »
- 'Very upset' Harper wants fast Senate spending reform
- Prime Minister Stephen Harper told the Conservative caucus this morning that he's "very upset" about the recent conduct of some senators and his own office, and he wants Senate spending rules tightened quickly. more »
- Horwath says NDP will support Ontario Liberal budget
- Ontario NDP Leader Andrea Horwath says her party will support the Liberal budget, avoiding a spring election, after the premier agreed to the NDP's call for an independent financial accountability officer. more »
Must Watch
Top News Headlines
- Kids from levelled Oklahoma schools recount deadly tornado

- Children from two Oklahoma schools levelled Monday by a powerful tornado are recounting what it was like to survive the "loud" and "scary" twister, while rescuers near the end of their search for any other remaining survivors or bodies.

more »
- Deadly Oklahoma tornado confirmed as most powerful type

- Emergency workers neared the end of their search Tuesday afternoon for survivors in Moore, Okla., following a deadly tornado that weather officials said was now classified among the most powerful type of twister. more »
- Senate sends Duffy expense audit for 2nd internal review
- The Senate decided to send Senator Mike Duffy's audit report back to its internal committee for a second review, despite objections from the Liberal Senate leader, who argued the RCMP should be tasked with the job. more »
- Only 1 set of human remains found at Millard farm, police say
- Hamilton police have confirmed that they are dealing with only a single set of human remains at the Waterloo region farm of Dellen Millard. more »
- Rob Ford faces more calls to address crack allegations
- Toronto Mayor Rob Ford went back to work after a holiday weekend, but he wasn't talking about an alleged video that two published reports say shows him smoking what appears to be a crack pipe. more »
- Rob Ford faces more calls to address crack allegations
- Unknown remains found on Dellen Millard's farm
- Councillors vote down downtown Toronto casino
- Brampton man reported missing in Australia
- Only 1 set of human remains found at Millard farm, police say
- Missing Toronto woman's parents unfazed by Millard link
- Man shot dead at barbecue near Ossington and Dundas
- Horwath says NDP will support Ontario Liberal budget
- 'Very upset' Harper wants fast Senate spending reform


Toronto traffic with Joan Chang