Saturday 22 June 2013

Judgment reserved - and the entire country waits to see if we have a new direction

On June 13, 2013, the Supreme Court of Canada heard arguments from lawyers for some 26 parties representing a broad array of interests from virtually all sectors of Canadian society.

At issue were the three key provisions of the Criminal Code which prevent prositution from operating as any other industry might: the bawdy house provision (working in groups); living off the avails; and the communication provision (you can lawfully engage in sex work, but cannot communicate for the purpose of doing so).

The Court reserved judgment. If it upholds either the trial decision or the Court of Appeal decision, then it might very well issue the most important judgment in a generation since the Morgentaler case effectively legalized access to abortion services.

If so, then Parliament will almost certainly be tasked with redrafting sex industry laws in Canada.

Legalization and regulation will most likely be at the forefront of its agenda. Each provincial legislature will also have unique challenges in deciding how to address what might become a newly legal industry, requiring regulation, licensing, taxation and everything else associated with the provision of legitimate services and labour.

Check back here for ongoing updates and coverage once the Bedford judgment is released...