An Ontario Superior Court justice has dismissed a constitutional challenge to Canada’s sex work laws, saying that the Protection of Communities and Exploited Persons Act (PCEPA) does not violate sex workers’ Charter rights.
A coalition of 25 sex workers’ rights groups organized a challenge to the legislation, arguing that sex workers are harmed by the partial criminalization of sex work. Anti-prostitution groups argued that the law discourages men from buying sex and reduces commercial sex, in line with the goals of the Nordic or Equality Model of sex work.
The judge ruled that while he believes the laws don’t violate the Charter — which is what he was asked to rule on — regulation and decriminalization might be better policy options. But, he wrote, it is up to Parliament to make those decisions, not the judiciary. And it is about time the government did so.
