Supreme Court Dismisses Constitutional Challenge of Sex Work Law
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Supreme Court of Canada dismisses constitutional challenge of sex-work law - Canada News
The Supreme Court of Canada has rejected a constitutional challenge of the criminal law on sex work, upholding the convictions of two men who argued its provisions are overly broad.
www.castanet.net
It depends on what grounds were argued.
Someone with a more legal mind needs to interrupt this. From a quick read and a summary I saw, it seems bad for drivers and agencies. I believe Kloubakov was a driver. He lost his appeal, and his conviction was upheld. I haven't had time to research and refresh my memory on this case.Decision below
R. v. Kloubakov - SCC Cases
decisions.scc-csc.ca
The only hope for agencies is the Liberty issue, which will have to be challenged if someone is convicted under c36 and wait many more years for the case to make its way up the chain, probably at great legal cost ? Hope I am wrong.
BREAKING: Supreme Court of Canada: Kloubakov v. R.
Held: "The appeal should be dismissed. … The convictions of the accused are affirmed."
“…neither the material benefit offence nor the procuring offence prohibits the safety measures contemplated in Bedford. As a result, the offences do not engage sex workers’ security of the person…”
“…the material benefit and procuring offences … recognize that third parties who profit from the sale of sexual services cause, perpetuate and exploit the harms of commercial sex trade.
“There is no requirement for factually exploitative conduct or for the profits to be excessive or unreasonable.
“… third parties such as receptionists, managers, or drivers employed by sex workers, who work to increase their safety, are not captured by the procuring offence…”
“By contrast, a commercial agency that recruits persons to sell sexual services, provides premises for transactions, advertises to potential purchasers, makes appointments, and collects agency fees would engage liability under the procuring offence…”
“…Such a commercial agency would be directly engaged in promoting the commodification of sexual services, contrary to the first aspect of the safety‐related purpose of the new offences.”
“As for the right to liberty, whether s. 7 of the Charter protects a fundamental right to sell sexual services as an aspect of an individual’s right to liberty amounts to a new constitutional issue.
“…In the instant case, it would be imprudent to decide this issue, as it was not considered in the courts below…”
decisions.scc-csc.ca
Also see loss of challenge to C36
Supreme Court of Canada dismisses constitutional challenge of sex-work law
Court ruling upholds convictions of two men convicted of criminal offences in Alberta
www.theglobeandmail.com
Confucius says the court decision will benefit Uber and Lyft.
Other than that, I don’t think it means much, personally.
I remember linking to an article years ago where a lot of Canada’s prostitution arrests were in Alberta.
As much as people here like to diss the United States, Canada has some similarities. It matters a lot where you do this activity at.
Other than that, I don’t think it means much, personally.
I remember linking to an article years ago where a lot of Canada’s prostitution arrests were in Alberta.
As much as people here like to diss the United States, Canada has some similarities. It matters a lot where you do this activity at.
