The Court of Appeal for Ontario recently ruled that two elements of Canada’s prostitution laws cause harm to women (Canada Attorney General v. Bedford, 2012 ONCA 186). Specifically, the Court argues that the bawdy house provisions and the living off the avails provisions of the Criminal Code violate the security of individuals who work in the sex trade and, as such, are unconstitutional. In more simple terms, the court argues that prostitution laws put women in the sex trade at risk of violence and that these laws violate the fundamental Charter rights of sex workers.
What the Ruling Means
The ruling removes barriers for women working in the sex trade that increase their vulnerability to violence and harm. It allows them to hire a driver or a bodyguard, for example, as a way to ensure their safety—practices that were previously criminalized (living off the avails provision). It enables women to work together out of the same apartment; this practice was criminalized under the bawdy house laws. The ruling means that women can work more safely and that they can work together.
