Canada (AG) v Bedford

[5] The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organization (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002).

In 2007, court proceedings began in Ontario to re-challenge the constitutionality of these prohibitions, on the basis that they created significant harm to prostitutes and other sex workers.

[11] 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.

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.

[20] And another witness, Professor Ronald Weitzer (of George Washington University) provided further evidence of indoor prostitution being safer than street solicitation.

[18] 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.

[22] 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.

[23] Justice Minister Rob Nicholson stated that the Federal Government would appeal the court ruling and seek a stay pending that decision.

[25] 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.

[29][30] 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.

[33][34][35][32][36] Eight additional parties, including the Providing Alternatives Counselling and Education (PACE) Society, 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), were granted intervenor status as amici curiae, however Maggie's, a sex worker organization[37] was denied this on March 16, since they sought to raise new constitutional issues under section 15.

However, Falle asserted that the sex workers in question would never have been allowed to work in such establishments because desperate situations led these women to prostitution and referred to Pickton's victims as "easy access".

[46] When asked by the host of the program if all of the problems of Canadian sex workers would be resolved following the legislation change, Thomas replied: Absolutely not.

[47] Writing for a unanimous court, Chief Justice Beverly McLachlin opined that "Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes.

Second, it is not clear that any of the applicants’ personal liberty interests are engaged by the living on the avails provision; rather, they have pleaded that they fear that it could apply to their employees or their loved ones.

[51] Bedford also builds on the Court's previous decision in Canada (AG) v PHS Community Services Society (where drug addiction was found to be an illness rather than a matter of personal choice).

"[61] However, Carter v Canada (AG) has subsequently suggested that "in some [s. 7] situations the state may be able to show that the public good ... justifies depriving an individual of life, liberty or security of the person under s. 1 of the Charter.

"[62] The Ontario Court of Appeal has subsequently held that safety regulations under that province's Highway Traffic Act had s. 1 justification, but expressed discomfort about such provisions falling within the scope of s.

[64]Pacey spoke of her experience speaking with sex workers based in Vancouver's Downtown East Side: They worry about being caught by police so they move further down the road.

[64]In an interview with the CBC News media outlet, published on February 7, 2014, Scott expressed serious concerns about the 12-month time frame that the government has been given to revise the laws, as sex workers have not been involved in the decision-making process and what has become known as the "Nordic model" is being considered by the Canadian government, a model that, according to Cossman, created the problems that Canadian sex workers are seeking to avoid.

"[65] Shortly following the decision of the Supreme Court, the police of 30 centres across Canada, including Halifax Regional Municipality, Saint John and Edmonton, commenced a two-day investigation into human trafficking and sexual exploitation named Operation Northern Spotlight.

The operation, led by the Integrated Vice Unit in Halifax, occurred on January 22 and 23, 2014 and focused on the hotel and motel establishments located on major arteries, as well as sex work venues.

[66][67] According to the Global Network of Sex Work Projects (NSWP), 180 police personnel interviewed 333 women, and identified 25 suspected human traffickers.

In the two regions, nine men were arrested and face 83 charges related to human trafficking, firearm offences, drug possession and child pornography.