Bedford v. Canada
Bedford v. Canada was a legal challenge to Canada's prostitution laws filed in the Superior Court of Ontario in 2007.[1][2][3] The applicants, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, argued that Canada's prostitution laws were unconstitutional.[4] The Canadian Criminal Code includes a number of provisions outlawing public communication for the purposes of prostitution, operating a bawdy house or living off of the avails of prostitution. However, prostitution itself is legal. The applicants argued that the laws deprive sex workers of their right to security by forcing them to work in secret.[4]
Applicants
The three applicants all work or worked in the sex trade[5] and are members of Sex Professionals of Canada (SPOC), an organization which campaigns for the rights of sex workers and the full decriminalization of prostitution.
Terri-Jean Bedford
Terri-Jean Bedford, born 15 October 1959, was formerly a prostitute and now works as a professional dominatrix.[6][2] She calls herself "Canada's most famous Dominatrix". [7] Bedford formerly operated an S&M dungeon in Thornhill, Ontario, called Madame de Sade's House of Erotica, but dubbed the Bondage Bungalow by the press.[8] In 1994 her business was raided by police and she was charged with operating a bawdy house.[8] In 1995 the charges were dismissed.[9] However the Crown appealed[10] and in 1999 she was convicted.[6][5] Throughout the Superior Court trial, she delighted reporters by dressing all in leather and always appearing with a black leather riding crop.[6][11]
Valerie Scott
Valerie Scott, born 9 April 1958, entered the sex trade when she was 24.[4][2] She worked as a street prostitute and in massage parlours.[5] Scott became an activist in 1986 when she joined SPOC (known as the Canadian Organization for the Rights of Prostitutes at the time).[12] As of 2011 she is the executive director of the organization.[13] Since the verdict, she stated that she intends to study business at the University of Toronto and has already submitted a business plan to run a brothel.[5]
Amy Lebovitch
Amy Lebovitch, born 24 January 1979, has worked in the sex-trade since she was 18 as a street prostitute, as an escort, and in a fetish house.[14][4][2] She has also studied criminology and psychology at the University of Ottawa and social work at Ryerson University in Toronto.[14][2] As of 2011, she continues to work as a prostitute in British Columbia and acts as a spokesperson for SPOC.[14]
Trial
The trial took place in Toronto over seven days in October 2009.[15] The applicants were represented by Alan Young, a professor of law at Osgoode Hall Law School.[6][16] Young stated that he brought the challenge forward because the state of the law in Canada made it legal to engage in the act of prostitution, but illegal to be indoors, hire bodyguards or help and to screen clients. One witness, Professor John Lowman of Simon Fraser University, provided evidence that working outside is more dangerous for prostitutes, raising the example of serial-killer Robert Pickton who preyed on streetwalkers.[17]
The federal and provincial governments argued that prostitution is exploitative and harmful to the community.[15] The federal government called experts such as Dr. Janice Raymond of the Coalition Against Trafficking in Women and Dr. Melissa Farley of Prostitution Research and Education.[18] Witnesses for the Crown argued that indoor prostitution is no less risky than outdoor prostitution and that prostitution in any form is inherently dangerous.[19] In addition to the Attorney General of Ontario, other parties granted intervenor status in the case included the Catholic Civil Rights League, the Christian Legal Fellowship and REAL Women of Canada.[6][11] These intervenors filed a joint submission stating that a majority of Canadians hold prostitution to be immoral and that 80% of Canadians belong to religions supporting this view.[15]
Decision
On September 28, 2010, Justice Susan Himel issued her decision after one year of deliberation.[13] She struck down Canada's prostitution laws,[20] specifically sections 210, 212(1)(j) and 213(1)(c).[2] An Angus Reid poll shortly after the decision found 49% of Canadians approved of the decision of Justice Himel, and 34% were opposed, however there was considerable variation by age, gender and province.[21]
Appeal and stays of effect
Justice Himel originally allowed a stay of 30 days to permit appeal.[20] Justice Minister Rob Nicholson stated that the Federal Government would appeal the court ruling and seek a stay pending that decision.[22] The Ontario Government, which had intervenor status in the case, supported the appeal and did not seek any Parliamentary discussion of the state of the prostitution laws in Canada.
On October 15, a further stay effective till November 27 was granted to allow the Justice Department to prepare an appeal, and, on November 22, the Government sought a further stay in the court of appeal, claiming dire consequences if the decision was applied. [23]Mr Justice Marc Rosenberg rebuked the Crown for overstating the consequences of allowing the decision to stand.[24][25]Judgment was reserved, the parties agreeing to extend the stay until judgment was delivered.[26][27] On December 2, the court granted an extension of the stay until April 2011, on the grounds of preserving the status quo and that the full appeal should have been heard by then.[28][29][30]
In March 2011, the Government filed its brief and applied for and obtained a further stay till the hearing of the appeal in June 2011.[13] They also asked for a further 18-month stay should the appeal be unsuccessful. In its brief the Justice Department made a number of arguments in addition to claims of errors in law: prostitution is inherently harmful, Parliament enacted the provisions to discourage this activity, and the impugned provisions met the stated objectives, were not arbitrary or overbroad, and therefore should stand. Furthermore, it challenged the legal standing of two of the three applicants. The claims that the stated harms were due to sex workers flouting the law, and that there was not a duty of protection to sex workers, since they voluntarily entered a dangerous occupation, were the ones picked up by the media. [31][32][33][34][35]
Seven additional parties, including the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian HIV/AIDS Legal Network and the Prostitutes of Ottawa/Gatineau Work, Educate and Resist (POWER), have obtained intervenor status as amici curiae, however Maggie's, a sex worker organisation [36] was denied this on March 16, since they sought to raise new constitutional issues under section 15. They were however invited to join one of the existing groups. [37][38]
The appeal was heard by five members of the Court of Appeal for Ontario from 13–16 June 2011.[39] The panel further extended the stay pending their verdict.[40]
See also
References
- ^ Black, Debra (21 March 2007). "Charter Challenge on Prostitution Filed". Toronto Star. http://www.thestar.com/News/article/194455. Retrieved 22 October 2010.
- ^ a b c d e f "Bedford v. Canada, 2010 ONSC 4264 (CanLII)". Canadian Legal Information Institute. 28 September 2010. http://www.canlii.org/en/on/onsc/doc/2010/2010onsc4264/2010onsc4264.html. Retrieved 2 April 2011.
- ^ Jessie Murdock (5 March 2009). "A closer look at decriminalizing prostitution". UWO Gazette. http://www.gazette.uwo.ca/article.cfm?section=FrontPage&articleID=1325. Retrieved 2 April 2011.
- ^ a b c d Natalie Alcoba (6 October 2009). "Sex workers call prostitution laws unconstitutional". National Post. Archived from the original on 8 April 2011. http://webcache.googleusercontent.com/search?q=cache%3Ahttp%3A%2F%2Fwww.nationalpost.com%2Fnews%2Fstory.html%3Fid%3D2071542&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a. Retrieved 2 April 2011.
- ^ a b c d Nick Allen (29 September 2011). "Dominatrix helps overturn Canada's sex trade laws". The Daily Telegraph (London). http://www.telegraph.co.uk/news/worldnews/northamerica/canada/8032891/Dominatrix-helps-overturn-Canadas-sex-trade-laws.html. Retrieved 2 April 2011.
- ^ a b c d e Natalie Alcoba (27 October 2009). "Sex workers launch challenge of prostitution laws". The Province. http://www.theprovince.com/story_print.html?id=2077602&sponsor=. Retrieved 2 April 2011.
- ^ Jim Rankin (13 June 2011). "The making of a ‘bad girl’". Toronto Star. http://www.thestar.com/news/article/1006710--queen-of-s-m-talks-on-eve-of-sex-trade-appeal. Retrieved 11 July 2011.
- ^ a b Paul Moloney (17 September 1994). "Sexual bondage parlor raided in Thornhill". Toronto Star. http://pqasb.pqarchiver.com/thestar/access/518258561.html?FMT=ABS&FMTS=ABS:FT&type=current&date=Sep+17%2C+1994&author=Paul+Moloney+TORONTO+STAR&pub=Toronto+Star&desc=Sexual+bondage+parlor+raided+in+Thornhill&pqatl=google. Retrieved 2 April 2011.
- ^ Bruce DeMara (25 October 1995). "Bawdy house charges rejected". Toronto Star. http://pqasb.pqarchiver.com/thestar/access/21277398.html?FMT=ABS&FMTS=ABS:FT&type=current&date=Oct+25%2C+1995&author=By+Bruce+DeMara+TORONTO+STAR&pub=Toronto+Star&desc=Bawdy+house+charges+rejected&pqatl=google. Retrieved 2 April 2011.
- ^ "`Erotica house' case appealed". Toronto Star. 25 November 1995. http://pqasb.pqarchiver.com/thestar/access/21296813.html?FMT=ABS&FMTS=ABS:FT&type=current&date=Nov+25%2C+1995&author=&pub=Toronto+Star&desc=%60Erotica+house%27+case+appealed&pqatl=google. Retrieved 2 April 2011.
- ^ a b "Sex workers challenging Canada's prostitution laws". CTV Television Network. 6 October 2009. http://ottawa.ctv.ca/servlet/an/local/CTVNews/20091006/prostitution_091006?hub=OttawaHome. Retrieved 2 April 2011.
- ^ Bruce Skeaff (4 July 1987). "Judge orders prostitutes to be tested for AIDS". Toronto Star. http://pqasb.pqarchiver.com/thestar/access/472844761.html?FMT=ABS&FMTS=ABS:FT&type=current&date=Jul+04%2C+1987&author=Bruce+Skeaff+Toronto+Star&pub=Toronto+Star&desc=Judge+orders+prostitutes+to+be+tested+for+AIDS&pqatl=google. Retrieved 2 April 2011.
- ^ a b c Linda Nguyen (10 March 2011). "Government appeal argues no obligation to protect sex-trade workers". National Post. http://www.nationalpost.com/news/Government+appeal+argues+obligation+protect+trade+workers/4417125/story.html. Retrieved 2 April 2011.
- ^ a b c Gabrielle Giroday (24 March 2011). "Decriminalize prostitution, sex-trade worker urges". Winnipeg Free Press. http://www.winnipegfreepress.com/local/decriminalize-prostitution-sex-trade-worker-urges-118563409.html. Retrieved 2 April 2011.
- ^ a b c Philip Slayton (24 December 2009). "A trial in error?". Maclean's. http://www2.macleans.ca/2009/12/24/a-trial-in-error/#more-98262. Retrieved 2 April 2011.
- ^ "Ylife - York-led challenge helps strike down harmful prostitution law". Yorku.ca. 30 September 2010. http://www.yorku.ca/ylife/index.asp?Article=3563. Retrieved 6 October 2010.
- ^ Mindelle Jacobs (6 October 2009). "Prostitution laws dead wrong". Winnipeg Sun. http://www.winnipegsun.com/comment/columnists/mindelle_jacobs/2009/10/06/11316621-sun.html. Retrieved 2 April 2011.
- ^ Prostitution Research and Education
- ^ Kirk Makin (9 October 2009). "Amending prostitution law puts kids at risk, court told". Globe and Mail (Toronto). http://www.theglobeandmail.com/news/national/amending-prostitution-law-puts-kids-at-risk-court-told/article1318058/. Retrieved 2 April 2011.
- ^ a b Tracey Tyler (28 September 2010). "Prostitution laws struck down". Toronto Star. http://www.thestar.com/news/canada/article/867332--prostitution-laws-struck-down. Retrieved 2 April 2011.
- ^ "Half of Canadians Willing to Allow Adults to Engage in Prostitution". Angus Reid Public Opinion. 19 October 2010. http://www.angus-reid.com/polls/43405/half-of-canadians-willing-to-allow-adults-to-engage-in-prostitution/. Retrieved 22 October 2010.
- ^ "Feds will appeal prostitution ruling". Vancouver Sun. 29 September 2010. http://www.vancouversun.com/news/Canadian+government+appeal+Ontario+prostitution+ruling/3597411/story.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3a+canwest%2fF229+%28Vancouver+Sun+-+News%29. Retrieved 6 October 2010.
- ^ DiManno, Rosie (28 November 2010). "DiManno: Sexual anarchy does not await.". Toronto Star. http://www.thestar.com/article/898212--dimanno-sexual-anarchy-does-not-await. Retrieved 2 December 2010.
- ^ Allison Jones (23 November 2010). "Court considers putting landmark prostitution ruling on hold.". Canadian Press. http://www.canadaeast.com/front/article/1318978. Retrieved 2 December 2010.
- ^ "Ottawa warns of sex trade centre". National Post. 17 November 2010. http://www.nationalpost.com/news/canada/Ottawa+warns+trade+centre/3846326/story.html. Retrieved 2 December 2010.
- ^ Poisson, Jayme (22 November 2010). "Judge reserves decision on prostitution laws". Toronto Star. http://www.thestar.com/news/article/894929--judge-reserves-decision-on-prostitution-laws. Retrieved 2 December 2010.
- ^ Dempsey, Amy (26 November 2010). "No prostitution free-for-all this weekend". Toronto Star. http://www.thestar.com/news/article/897750--no-prostitution-free-for-all-this-weekend?bn=1. Retrieved 2010-12-02.
- ^ Poisson, Jayme (2 December 2010). "Stay extended, prostitution laws remain in effect.". Toronto Star. http://www.thestar.com/article/900348--stay-extended-prostitution-laws-remain-in-effect?bn=1. Retrieved 2 December 2010.
- ^ Bedford v. Canada Ontario Court of Appeal Dec 2 2010
- ^ Federal government appeal argues no obligation to protect sex-trade workers. Vancouver Sun March 10 2011
- ^ Court of Appeal for Ontario. Bedford v. Canada (AG) - Factum of Apellant March 1 2011.
- ^ State has no obligation to protect prostitutes, Ottawa to argue at appeal. Globe and Mail March 9 2011
- ^ Parliament not obligated to ‘maximize’ safety of prostitutes: Ottawa. Toronto Star Mar 10 2011
- ^ Federal government appeal argues no obligation to protect sex-trade workers. Vancouver Sun March 10 2011
- ^ Lezlie Lowe. Where are outcries for sex workers? Chronicle Herald Mar 13 2011
- ^ Group makes Charter argument for intervener status in sex-trade case. Canada.com March 11 2011
- ^ Ontario Court of Appeal. Bedford v. Canada (AG). Decision on motion to stand as intervenor by Maggie's. March 16 2011
- ^ Sex-workers' support group denied bid to challenge Ont. Appeals court on prostitution laws. Canada.com March 16 2011
- ^ Noreen Fagan (14 April 2011). "Making the case for reform". Xtra!. http://www.xtra.ca/public/Ottawa/Making_the_case_for_reform-10017.aspx. Retrieved 16 April 2011.
- ^ Sam Pazzano (17 June 2011). "Anti-hooker laws still stand ... for now". Toronto Sun. http://www.torontosun.com/2011/06/17/prostitution-still-illegal--for-now. Retrieved 19 June 2011.