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By LegalMatters Staff • Last October, a coalition of sex workers and advocacy groups argued in a Toronto court for the decriminalization of prostitution, claiming that sex workers are being harmed instead of protected under the law.
In 2013, the Supreme Court of Canada ruled that it is not illegal to be a sex worker.
“Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes,” \the court wrote, adding, “it is not a crime in Canada to sell sex for money.”
The court gave the federal government a year to come up with new rules aimed at protecting exploited people. The resulting legislation was denounced in the Toronto courtroom by advocates, who claimed it still “criminalized, stigmatized and discriminated” against those in the sex trade.
Ottawa criminal lawyer Céline Dostaler says she sympathizes with sex workers and the problems they face.
“We need to protect individuals in those settings,” says Dostaler, adding “sex work is not an everyday career and most practitioners will be apprehensive about telling others what they do.”
She adds that for some, voluntarily selling sexual services may be their only option to earn an income.
“I agree that sex work should not be criminalized unless it involves children or those who have not given their consent,” says Dostaler. “Let’s focus instead on those who force others into this profession. They are the ones who should be prosecuted.”
