Canada (Attorney General) v. Bedford

Three women challenged three Canadian Criminal Code provisions that indirectly restricted the practice of prostitution by criminalizing various related activities. Section 210, which prohibited the operation of common “bawdy-houses,” prevented prostitutes from offering their services out of fixed indoor locations such as brothels. Section 212, which prohibited “living off the avails” of prostitution, prevented anyone, including “pimps,” from profiting from another’s prostitution. Section 213, which prohibited “communicating” for the purpose of prostitution in public, prevented prostitutes from offering their services in public, particularly on the streets. On December 20, 2013, the Supreme Court of Canada unanimously decided that all three laws were unconstitutional, reasoning that the laws infringe on sex worker’s rights under the Canadian Charter of Rights and Freedoms by depriving them of “security of the person” in a way that is not in accordance with the “principles of fundamental justice.” Starting from the position that prostitution is legal in Canada, the Court declared that the three laws: “Do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky – but legal – activity from taking steps to protect themselves from the risks.”



Avon Center work product