The Government of Canada's online consultation to seek public input on how the criminal law should respond to adult prostitution closed March 17, Thank you to all who shared their views. On December 20, , in the case of Bedford v. Attorney General of Canada 1 , the Supreme Court of Canada found three Criminal Code prostitution offences to be unconstitutional and of no force or effect.
This decision gives Parliament one year to respond before the judgment takes effect. Input received through this consultation will inform the Government's response to the Bedford decision. You will find some specific questions on this issue at the end of this document. To put them in context, here is a brief overview of the current criminal laws addressing prostitution, the Bedford decision, and existing international approaches to prostitution.
Prostitution is a complex and controversial social issue. Although there is a lack of consensus on how the criminal justice system should treat adult prostitution, it is generally acknowledged that prostitution poses risks to those involved and to the communities in which it is practised. Adult prostitution is not illegal in Canada; however, the Criminal Code prohibits three types of prostitution-related activities:. Child prostitution is illegal and is criminalized through prohibitions against purchasing sexual services from children as well as communicating in any place for that purpose subsection 4 and living on the avails of child prostitution subsections 2 and 2.
These provisions were not affected by the Supreme Court of Canada's decision in Bedford. The Supreme Court of Canada's decision in Bedford v. Attorney General of Canada found three Criminal Code prostitution provisions unconstitutional:. The Supreme Court found that these offences violate prostitutes' right to security of the person, as protected by section 7 of the Charter, by preventing them from taking measures to protect themselves while engaging in a risky, but legal, activity.
Such protective measures include selling sexual services indoors, hiring bodyguards and drivers, and negotiating safer conditions for the sale of sexual services in public places.
