Ontario’s top court has legalized brothels and will allow prostitutes to have security and other staff that is specifically aimed at protecting prostitutes.
In a landmark decision Monday, the court said that prostitution is extremely dangerous work where inherent risks are multiplied by laws preventing prostitutes from working together under one roof or hiring security staff.
Commencing next year, a five-judge panel said unanimously, prostitutes in any part of the province can work legally in brothels that will be operated like ordinary businesses.
As of April 25, they can engage bodyguards or security staff.
The court left intact just one of three key provisions that had been challenged by three current or former prostitutes. It said that communicating in a public place for the purposes of prostitution will remain illegal.
Yet, even that provision narrowly escaped being struck down.
In the court’s only point of disagreement, Mr. Justice James MacPherson and Madam Justice Eleanore Cronk argued that the communication law is unacceptable because it forces street prostitutes to hurriedly negotiate with customers without first being able to size them up.
The refusal of the three other judges to strike down the communication law will likely go a long way to still the fears of politicians and residents who worried about an influx of prostitutes overtly propositioning prospective clients in the streets.
The Crown will doubtless apply for a stay from the Supreme Court. But until they do – and until and unless the Supreme Court grants one – the decision will take effect in a year.
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