In a landmark decision this Thursday, the Supreme Court of Canada upheld the constitutionality of specific sex work-related offenses under the Canadian Charter of Rights and Freedoms. The court confirmed that sections 286.2 and 286.3 of the Criminal Code, which address the procurement and benefitting from sexual services, do not violate the security rights of sex workers as stipulated in Section 7 of the Charter.

The unanimous ruling highlighted that these legal provisions do not obstruct sex workers from implementing safety measures. According to the court, sex workers can still utilize fixed indoor locations, engage third-party security services, and collaborate with peers to enhance their safety. This decision is rooted in the legislative context of the Protection of Communities and Exploited Persons Act, aimed at curbing the demand for sexual services and protecting workers from exploitation. The court noted that the terms like “commercial enterprise” and “commodification of sexual activity” used by Parliament support the view that profit-sharing in sex work by third parties is inherently exploitative and thus, legislatively undesirable.

However, the BC Civil Liberties Association has raised concerns about the practicality of distinguishing between commercial activities and safety measures. They argue that the current legal framework, by default, views any commercial relationship in sex work as exploitative, thereby limiting workers’ ability to engage third parties for security purposes. This sentiment was echoed by the Women’s Legal Education and Action Fund, which highlighted the disproportionate impact of these laws on women, urging the court to consider potential discriminatory effects based on sex, gender, race, and other personal characteristics.

This ruling follows the significant 2013 decision in Canada v. Bedford, where the court struck down several sex work-related offenses that were deemed to disproportionately interfere with the right to security. The latest judgment reflects an ongoing judicial attempt to balance the rights of sex workers with legislative efforts aimed at reducing exploitation within the industry.

The decision has been met with mixed reactions, showcasing the complex interplay between law enforcement, rights advocacy, and the practical realities faced by sex workers in Canada. As the country continues to navigate these challenging waters, the Supreme Court's rulings play a crucial role in shaping the legal landscape surrounding sex work and the rights of those within the industry.