In a unanimous decision, the Supreme Court has struck down the laws around prostitution that related to keeping a bawdy house, living off the avails, and communication for the purposes of prostitution (ruling here). They have given Parliament a year to come up with a new legislative regime before the laws are struck down entirely. Justice Minister Peter MacKay said that he’s disappointed by the finding that the existing laws were unconstitutional, while other Conservatives like Shelly Glover continue to say that these women are now without the “protection” that those laws offered – though the whole point of the ruling was that the laws were not protecting them, but were rather putting them in harm’s way. Part of the debate now moves to the question of how this will affect First Nations women in the sex trade in particular, but it would seem that harm reduction is a good step, particularly if the criminalization made them afraid to go to the police. Emmett Macfarlane writes about the significance of the finding and the way in which the Justices framed their concerns. David Akin looks at how the ruling will affect the various factions of the Conservative base, though it is likely to be more wailing and gnashing of teeth around supposed “judicial activism.” Brenda Cossman worries that the discussion will move toward how to criminalise prostitution rather than how to best regulate a decriminalised environment. Carissima Mathen points out that this court decision is in part because Parliament was negligent over the past three decades when they left these laws in place when they knew that a more comprehensive framework was needed. Andrew Coyne writes about just how very reasonable the decisions is, and how regulation and licensing may be the best choice going forward.
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