TORONTO — Ontario's Superior Court dismissed a Charter challenge launched by groups advocating for the rights of sex workers, ruling Monday that Canada's
TORONTO — Ontario’s Superior Court dismissed a Charter challenge launched by groups advocating for the rights of sex workers, ruling Monday that Canada’s criminal laws on sex work are constitutional.
Goldstein found that sections of the Criminal Code outlawing communications or the stopping of traffic for the purpose of selling sexual services were constitutionally compliant and do not prevent sex workers from taking safety measures, engaging the services of non-exploitative third parties or seeking police assistance without fear of being charged for sex work.
The sex workers’ alliance argued last October that the new laws are more restrictive than what they replaced and force sex workers, and people who work with them, to operate in the context of criminalization. Lawyers representing transgender, Indigenous and Black sex workers also argued the new laws disproportionately harm marginalized groups.
Goldstein wrote in his decision that decriminalization and regulation of sex work may be better policy choices, but that is up to Parliament, not the court, to decide. Under the laws, they also cannot be prosecuted for publicly communicating with customers unless near places where children are regularly found or by stopping traffic on public roads.
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