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Current laws on prostitution in Canada, introduced in 2014, make it illegal to purchase sexual services but legal to sell them.According to the Canadian Department of Justice, the new legal framework "reflects a significant paradigm shift away from the treatment of prostitution as 'nuisance', as found by the Supreme Court of Canada in Bedford, toward treatment of prostitution as a form of sexual exploitation that disproportionately and negatively impacts on women and girls".The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organisation (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002).
While the act of exchanging sex for money has been legal for most of Canada's history, the prohibition of the activities surrounding the sex trade has made it difficult to practise prostitution without breaking any law. The first recorded laws dealing with prostitution were in Nova Scotia in 1759.
Following Canadian Confederation in 1867, the laws were consolidated in the Criminal Code in 1892.
These dealt principally with pimping, procuring, operating brothels and soliciting.
Most amendments to date have dealt with the latter; originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985.
This was appealed by the crown resulting in a decision by the Ontario Court of Appeal on March 26, 2012.
That court upheld the lower court's ruling on bawdy houses, modified the ruling on living on the avails to make exploitation a criminal offence, but reversed the decision on soliciting, holding that the effect on communities justified the limitation.
Automobiles are considered public spaces if they can be seen.
On the other hand, working as an independent sex worker and private communication for such purposes (telephone, internet, e-mail, etc.) is legal.
Canada—the respondents/appellants are sex worker activists Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott—which described the laws as 'ancient' and emphasised that the purpose of the laws was not to eradicate prostitution but to mitigate harms emanating from it: "We are satisfied that the challenged provisions are not aimed at eradicating prostitution, but only some of the consequences associated with it, such as disruption of neighbourhoods and the exploitation of vulnerable women by pimps." OCA at 1 addition of the communicating provision to the existing bawdy-house and living on the avails provisions created an almost perfect storm of danger for prostitutes.
Prostitutes were first driven to the streets, and then denied the one defence, communication, that allowed them to evaluate prospective clients in real time.
Following the announcement of the decision, Valerie Scott stated in the media that, regardless of the decision, sex workers must be involved in the process of constructing the new legislation: "The thing here is politicians, though they may know us as clients, they do not understand how sex work works. Other legal proceedings have dealt with ultra vires issues (whether a jurisdiction, such as a Provincial Government or municipality, has the powers to legislate on the matter). 1123 is a decision of the Supreme Court of Canada on the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms, and on prostitution.Tags: Adult Dating, affair dating, sex dating