Three federal prostitution laws are unconstitutional, an Ontario Superior Court judge ruled yesterday, opening the path for decriminalization of the sex-trade industry in Canada.
The landmark ruling strikes down the laws in Ontario, for now, but if it survives an appeal, it will allow for other municipalities and jurisdictions in Canada to follow suit.
In a 131-page ruling, Justice Susan Himel wrote that the laws in the Criminal Code prohibiting sex-trade workers from running a bawdy house, communicating for the purpose of prostitution and living off the avails of prostitution put their lives at risk.
"These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms," she said in a decision that has been on reserve for more than a year.
Prostitution is not illegal in Canada. Many aspects of prostitution have been criminalized by Parliament, however. The provisions struck down by the judge relate to adult prostitution and do not affect prohibitions involving people under age 18 or measures to prosecute pimps.
"I find the danger faced by prostitutes greatly outweighs any harm that may be faced by the public," Himel wrote.
The ruling does not go into effect for 30 days, to give the federal government time to appeal.
Yesterday, federal Justice Minister Rob Nicholson said the government was "very concerned" about the decision and was "seriously considering an appeal."
It is expected the case will be argued all the way to the Supreme Court of Canada.
Dominatrix Terri-Jean Bedford and prostitutes Valerie Scott and Amy Lebovitch started the constitutional challenge five years ago, arguing the laws drive prostitutes onto the streets and limit the ability to talk to prospective clients to determine if they might be dangerous.
Bedford, who was charged with keeping a bawdy house in the 1990s, said the fight has been long and hard.
"Now it's the federal government's turn," she said after the ruling. "Prime Minister (Stephen) Harper has to answer to what we can and can't do in the privacy of our own homes."