Landmark Case on Prostitution in Canada: Ontario Court of Appeal Legalizes Brothels But Not On-Street Solicitations

by Keith Edmund White
Editor-in-Chief

While prostitution is legal in Canada, the federal Criminal Code had outlawed brothels--meaning that sex-workers would have to let clients in their homes, or go to their clients' homes.

But in an sweeping decision, the Court of Appeal for Ontario knocked down this brothel-restriction, finding that it violated Canada's constitution. Critically, while the decision deals with federal law, the Court of Appeal for Ontario decision currently only applies to that province. Thus, assuming the federal government appeals the decision, the Canadian Supreme Court will likely have to step in to settle this constitutionality issue, and that decision could lead to uniform sex-worker regulation through Canada. Also, the Court found that a ban on third parties profiting from prostitution could not extend to bodyguards or drivers, another big victory for Canadian sex-workers.

For the 130 + page decision, from a case lasting nine months and generating 25,000 pages of evidence, click here. I would recommend reading the dissent that hits on a fundamental tension in the decision: constitutional rights trumped federal law from banning brothels, but not allow sex-workers from on-street solicitations.

Here are some links I found particularly helpful in understanding the decision without needing to read the decision:

-A good summary from the Chicago Sun-Times
-The Globe and Mail supports the decision as a "wise compromise"
-The LFPress casts a more critical eye on the decision, noting that it "seems to walk both sides of the road"
-Global Toronto offers a good 'Q & A' with Assistant Dean Bruce Ryder of Osgoode Law School.

Naturally, he decision shows a big difference between the content of the U.S. Bill of Rights and Canada's Charter of Freedoms that was signed into law in 1982.