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Ontario Superior Court ruling on Canada’s existing prostitution laws

Ontario Superior Court ruling on Canada’s existing prostitution laws

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Published by Cecilia C Chung
In her decision, Justice Susan Himel effectively struck down the Criminal Code provisions dealing with living off the avails of prostitution, keeping a common bawdy house, and communicating for the purposes of prostitution.
In her decision, Justice Susan Himel effectively struck down the Criminal Code provisions dealing with living off the avails of prostitution, keeping a common bawdy house, and communicating for the purposes of prostitution.

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Published by: Cecilia C Chung on Oct 19, 2010
Copyright:Public Domain

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05/12/2014

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[116] The experts generally agree on the following statements:

a) Street prostitution is a dangerous activity;
b) All prostitution, regardless of venue, carries a risk of violence;
c) Prostitution conducted in indoor venues can be dangerous;
d) There is significant social stigma attached to prostitution; and
e) There are multiple factors responsible for the violence faced by prostitutes.

[117] The following are the key matters in dispute amongst the experts:

a) Whether indoor prostitution is, or can be made, less dangerous than street
prostitution;
b) Whether indoor prostitutes are in a better position to prevent harm to
themselves than street prostitutes; and
c) Whether the impugned provisions materially contribute to the risk of harm
suffered by prostitutes.

2010 ONSC 4264 (CanLII)

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