Valerie Scott holds up a copy of the ruling issued by the Supreme Court of Canada striking down the country's prostitution laws at the Supreme Court of Canada in Ottawa Friday December 20, 2013
Photo Credit: Adrian Wyld/CP

Government launches on-line consultation after Supreme Court decision on prostitution

Concerned by the “significant harms that flow from prostitution” the Canadian government has launched a month-long on-line consultation with Canadians after a Supreme Court of Canada ruling in December struck down three provisions of Canada’s Criminal Code.

The court ruled the keeping or being found in a bawdy house or brothel, the living on the avails of prostitution, and communicating in public for the purpose of prostitution, violate the right to security of the person guaranteed under Canada’s Charter of Rights and Freedoms.

But in a press statement Monday (February 17) Justice Minister Peter MacKay said: “Our Government is concerned about the significant harms that flow from prostitution to communities, those engaged in prostitution and other vulnerable persons. Doing nothing is not an option – we are therefore asking Canadians right across the country, to provide their input, through an on-line consultation, to ensure a legislative response to prostitution that reflects our country’s values. We will be taking action to maintain the safety of our streets and communities, for the benefit of all Canadians.”

Sex workers celebrated the court ruling, but were concerned about what the federal government would do in the next year. The court ruled the government could enact new legislation, if it didn’t, the ruling would come into effect in one year’s time.

Sex workers and their supporters suggest that having a safe place to work, having personnel, such as a bodyguard, would greatly enhance the safety of sex workers.

But the government questionnaire leaves little room for that kind of interpretation. For instance: Question “4. Do you think that it should be a criminal offence for a person to benefit economically from the prostitution of an adult? Should there be any exceptions? Please explain.” – appears to target pimps, but could also affect a bodyguard or driver working for a sex worker.

The on-line consultation will be up until March 17.

More information:
Supreme Court of Canada decision – here
Pivot – The decision in 705 words – here
Justice Department press release – Government of Canada Launches On-Line Consultations to Seek Views on Criminal Code Prostitution-Related Offences – here
On-line public consultation – here

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