Ontario Legalizes Brothels

The Ontario Court of Appeal legalized "case closed" and the activities of "bodyguards" of prostitutes in the province.
In 132 pages of the decision, made public yesterday, the court holds that the prohibition of establishment of a brothel or managing the activities at home poses a danger because it forces the prostitutes working in the street, in places less safe. "Prostitution is a dangerous activity," the court admits, "it is obviously more dangerous for a prostitute to go to an unknown location set by the client, rather than working in a place under his control." Remains is the prohibition of communication for the purpose of offering sexual services, or soliciting.

The opinion of the five judges of the Court of Appeal rejects the appeal of such provincial and federal governments. The Canadian government had opposed the decision of the Ontario Superior Court Justice Susan Himel. The first judgment of 2010 provides that the rules are unconstitutional on prostitution and endangering the lives of those who offer sexual services.

Last June, during a hearing, the representatives of the government have argued for the law to allow police to control prostitution and protect women from the hands of pimps. Now the Ontario Court of Appeal considers that the law on prostitution is too broad and "disproportionate". The unanimous verdict of the judges James MacPherson, Eleanore Cronk, David Doherty, Marc Rosenberg and Kathryn Feldman.

The law on prostitution is considered invalid by the courts even as regards the protectors. According to the judgment, prostitutes must be available for the service "bodyguards" for their safety. The section should be rewritten aims only to punish those who live by prostitution "in circumstances of exploitation." In this case, could be considered constitutional. But now, says the ruling, "the rule not only applies to" pimps ", and its effects on spill protection and safety of prostitutes."

The court states that from next year, in Ontario prostitutes will manage the business as brothels. From April 25, 2013, those working in the field may take bodyguards.

It is still considered valid, however, the prohibition of solicitation for concerns related to public policy. In this case the judgment was not unanimous. Two of three judges believe that the standard be helpful to prevent disorder in neighborhoods, unsolicited offers and crime control. A new law, however, the trial courts must take into account issues of gender equality in human dignity as the lawyers have asked the Ontario government.

The decision of the Ontario Court of Appeal may still be cleared by the Supreme Court of Canada, will be approved if a further appeal of the federal and provincial governments. We have to wait, so the next move to Ottawa and Queen's Park.

Alan Young, the lawyer who led the lawsuit against the federal government on behalf of three former prostitutes, said he was satisfied. "It's a new season for sex workers - said the lawyer - is the beginning of a new era." Young has represented Terri-Jean Bedford, Valerie Scott and Amy Lebovitch.