The Canadian Charter of Rights and Freedoms which was passed
in 1982 allowed the provision of challenging the laws regarding prostitution in
Canada. In 1992, Supreme Court of Canada with the aim of abolishing
prostitution banned public solicitation of prostitution.
The landmark case challenging provisions of prostitution laws
of Canada is Bedford v. Canada. This
case was launched in 2009 by three women, including two former prostitutes.
They argued in an Ontario Court that provisions of Criminal Code violated
section 7 of the Charter of Rights and Freedoms which guarantees, “life,
liberty and security of person”.
a) Living on the avails of prostitute.
b) Communicating in a public place for purpose of prostitution.
c) Keeping a brothel or common bawdy.
In 2010, Ontario Superior Court ruled that the above three
provisions are unconstitutional as they force the prostitute to choose between
right to freedom and the right to security.
This decision of the Ontario Superior Court was challenged by
the federal government as well as the Ontario government. The 3 judge panel of
Ontario Court of Appeal gave it decision in March 2012 which upheld the part of
lower court’s decision. It gave 12 months’ time to abolish law prohibiting the
operation of bawdy house while street prostitution law was remained unchanged.
The third provision was redrafted which was about living on the avails of
prostituted women.
This ruling of Ontario Court of Appeal was challenged by the
Federal Government in Supreme Court of Canada and final decision was given in
December 2013. The decision gave the government one year to introduce new laws
regarding these provisions with a condition that the laws already there in
Criminal Code will continue to stand until the completion of one year.
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