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Ontario court dismisses sex workers' Charter challenge, rules laws constitutional

In a 142-page decision, Justice Robert Goldstein wrote that the Protection of Communities and Exploited Persons Act — brought in by the former Conservative federal government — balances the prohibition of "the most exploitative aspects of the sex trade" with protecting sex workers from legal prosecution.

Published Sep 18, 2023 at 7:03pm

The Canadian Press
By
The Canadian Press
Ontario court dismisses sex workers' Charter challenge, rules laws constitutional
Jenn Clamen, national co-ordinator for the Canadian Alliance for Sex Work Law Reform, speaks during a rally outside the Ontario Superior Court after the launch of their constitutional challenge to Canada's sex-work laws, on Monday, Oct. 3, 2022. (Tijana Martin/The Canadian Press)

Ontario's Superior Court dismissed a Charter challenge launched by groups advocating for the rights of sex workers, ruling Monday that Canada's criminal laws on sex work are constitutional.

In a 142-page decision, Justice Robert Goldstein wrote that the Protection of Communities and Exploited Persons Act — brought in by the former Conservative federal government — balances the prohibition of "the most exploitative aspects of the sex trade" with protecting sex workers from legal prosecution.

"I find that Parliament's response to a pressing and substantial concern is a carefully crafted legislative scheme ... The offences minimally impair the Charter rights of sex workers," Goldstein wrote. "The offences also permit sex workers to take safety measures."

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