From here:
The Supreme Court of Canada has unanimously struck down the nation’s anti-prostitution laws.
The high court deemed laws prohibiting brothels, communicating in public with clients and living on the profits of prostitution to be too sweeping.
The ruling follows a court challenge filed by former and current sex workers.
The justices’ decision gives the Canadian government one year to craft new legislation.
All nine of the court’s judges ruled in favour of striking the laws down, finding they were “grossly disproportionate”.
“It is not a crime in Canada to sell sex for money,” Chief Justice Beverley McLachlin wrote in Friday’s decision.
Chief Justice Beverley McLachlin has a point: since prostitution is not illegal in Canada then, legally, brothels should be little worse than restaurants, “communicating in public with clients” is merely advertising and pimps are a form of publicity agent. Becoming a prostitute is clearly a legitimate career choice whose adoption by, say, one of McLachlin’s daughters – assuming he has any – would prompt little more than the raising of a parental eyebrow.
Perhaps prostitution should be illegal – at least that would be consistent.
Lawyers for the Ottawa government reportedly claimed “if the conditions imposed by the law prejudice [sex workers’] security, it is their choice to engage in the activity, not the law, that is the cause”.
But the Supreme Court ruled it was not a choice for many.
“Whether because of financial desperation, drug addictions, mental illness, or compulsion from pimps, they often have little choice but to sell their bodies for money,” Justice McLachlin wrote.
The Supreme Court didn’t pay prostitutes much of a compliment by ruling that prostitution is not “a choice for many.” To claim a person is bereft of one of the distinguishing characteristics of humanity, free will – the potential a person has to make a choice that is not entirely conditioned by circumstance – is to regard her as less than human.