Canada (AG) v Bedford

Canada (AG) v Bedford
Supreme Court of Canada
Hearing: 13 June 2013
Judgment: 20 December 2013
Citations2013 SCC 72, [2013] 3 SCR 1101
Docket No.34788 [1]
Prior historyAPPEALS and CROSS‑APPEAL from Canada (Attorney General) v. Bedford, 2012 ONCA 186 (26 March 2012), affirming in part Bedford v. Canada, 2010 ONSC 4264 (28 September 2010).
RulingAppeals dismissed and cross‑appeal allowed.
Holding
ss. 210, 212(1)(j) and 213(1)(c) of the Criminal Code do not pass Charter muster, as they infringe the s. 7 rights of prostitutes by depriving them of security of the person in a manner that is not in accordance with the principles of fundamental justice.
Court membership
Chief JusticeBeverley McLachlin
Puisne JusticesLouis LeBel, Morris Fish, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner
Reasons given
Unanimous reasons byMcLachlin CJ

Canada (AG) v Bedford, 2013 SCC 72, [2013] 3 SCR 1101 is a decision of the Supreme Court of Canada on the Canadian law of sex work.[2][3] The applicants, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, argued that Canada's prostitution laws were unconstitutional.[4] The Criminal Code included a number of provisions, such as outlawing public communication for the purposes of prostitution, operating a bawdy house or living off of the avails of prostitution, even though prostitution itself is legal.

The applicants argued that the laws deprive sex workers of their right to security by forcing them to work secretly.[4] In 2012, the Court of Appeal for Ontario ruled that some, but not all, of these prohibitions violated the Canadian Charter of Rights and Freedoms and were unconstitutional. The Supreme Court of Canada ruled in a 9–0 decision on December 20, 2013, that all of these laws are unconstitutional, although it delayed the striking down of the laws by one year to allow Parliament to update the laws in accordance with the ruling.[5]

The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organization (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002).[6]

  1. ^ SCC Case Information - Docket 34788 Supreme Court of Canada
  2. ^ Cite error: The named reference star20070321 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference gazette was invoked but never defined (see the help page).
  4. ^ a b Cite error: The named reference np20091006 was invoked but never defined (see the help page).
  5. ^ "Supreme Court strikes down Canada's prostitution laws". CBC News. December 20, 2013.
  6. ^ "FAQ". Sex Workers Alliance Ireland. Sex Workers Alliance Ireland. 2014. Archived from the original on 18 January 2014. Retrieved 4 January 2014.

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