Just one day after a new and controversial federal prostitution law came into effect, the premier of Ontario is calling on her attorney general to look at the “constitutional validity” of the law.
In a statement Sunday, Ontario Premier Kathleen Wynne said she is gravely concerned the new law will not protect sex workers or communities. Wynne has asked Attorney General Madeleine Meilleur to advise her on the options available to the province, should it be found that the legislation’s constitutionality is in question.
“We must enforce duly enacted legislation, but I believe that we must also take steps to satisfy ourselves that, in doing so, we are upholding the constitution and the Charter,” read Wynne’s statement.
“I am not an expert, and I am not a lawyer, but as premier of this province, I am concerned that this legislation (now the law of the land) will not make sex workers safer.”
Wynne’s call for review comes after a Supreme Court of Canada decision in December 2013 that found Canada’s prior prostitution laws were unconstitutional. The case, known as Canada v. Bedford (referring to dominatrix Terri-Jean Bedford), struck down the country’s anti-prostitution laws in a unanimous decision, saying they placed sex workers at risk in a way that violated their Charter rights. The Court also gave Parliament one year to draft new legislation.
While the new law provides some legal immunity for sex workers and still allows for the sale of sex, it also criminalizes the purchase of sex. The new rules also prohibit advertising and other forms of communication related to the sale of sex.
Critics say the law sees all sex workers as victims of violence, rather than understanding the reasons for violence and exploitation against sex workers.
“Criminalizing people for having consensual adult sex, I think is a bit stupid,” said former sex worker Valerie Scott, who was part of the team challenging the government’s prostitution laws at the Supreme Court.
Because the legislation, known as The Protection of Communities and Exploited Persons Act, passed through the federal government’s democratic process, the attorney general of Ontario must enforce it. Wynne affirmed that Meilleur will enforce law, while reviewing its constitutional validity.
McGill University law professor Angela Campbell said there is a good chance that a court would find that the new law is not constitutional.
Wynne’s comments come as more than 60 organizations, including the Canadian AIDS Society and John Howard Society, demand the new laws be scrapped. Now Magazine, an alternative publication in Toronto, has also said it will defy the new law, and continue to run advertisements by sex workers.
“Advertising is how we support ourselves and how do the journalism that we do, and we just refuse to discriminate and stigmatize against one category of advertiser,” said Alice Klein, CEO of Now Magazine.
A spokesperson for Justice Minister Peter MacKay defended the new law.
"Police, communities, and women's groups have welcomed our approach. Canada is not alone in proposing laws that view prostitution as exploitation," Jennifer Gearey said in an email to The Canadian Press.
Supporters of the new rules say the law will help reduce demand for prostitution.
“It also shifts the culture for future generations to one where girls and boys that women are to be valued and respected and to be treated equally. Not to be treated as sex object,” said Megan Walker, of the London Abused Women’s Centre.
With files from CTV’s Omar Sachedina
