Case Study: Is Prostitution Legal In Canada?

1. Is Prostitution Legal in Canada?
This case study attempts to review the constitutional challenge to Canada’s prostitution law before its amendments in December 2014. The debate on Canada’s laws in regards to prostitution came to the forefront of public policy issues in the wake of the Supreme Court of Canada’s decision in Canada (Attorney General) v. Bedford. It is important to point out that this case is not about legalization of prostitution but whether the laws that the Canadian Parliament has enacted in regards to the activities related to prostitution are in accordance with the Canadian Charter of Rights and Freedoms. As stated by the Supreme Court of Canada in Bedford, prostitution is a legal and lawful commercial activity. However,
Stare decisis means that a lower court cannot ignore binding precedent however it is not limited to precedent without considering the context of the case at hand. Secondly, The Supreme Court of Canada clarified that in determining whether a law causes violation of section 7 two points should be considered causation and principles of fundamental justice. The Supreme Court of Canada rejected the argument that there is insufficient causal relationship between the provisions and the safety risks faced by
The Supreme Court of Canada concluded that the Court of Appeal made a number of errors in considering gross disproportionality test. The Supreme Court of Canada held that allowing prostitutes to operate from a designated place would permit them to create safer working conditions without fear of criminalization. Section 210 prohibition on bawdy-house is grossly disproportionate to its objective to prevent public disruption. The intended positive impacts of this provision does not outweigh the immense negative effects on safety of prostitutes. Section 212 prohibition on living on the avails of prostitution is overbroad as it criminalizes non-exploitative relationships. It criminalizes employment of security guards, drivers and receptionists which can be helpful and enhance safety of prostitutes. The Supreme Court of Canada reversed the decision of Court of Appeal on section 213 prohibition communication, by stating that the negative impact of the provision on the most vulnerable and marginalized group far outweighs the law’s effect to prevent public nuisance. The Supreme Court of Canada order the three provisions to be struck down since they deprive prostitutes of safety and enforce violence against them. The Supreme Court of Canada