Federal Justice Minister Peter MacKay says it's not an option to leave adult prostitution unregulated after a Supreme Court ruling struck key laws down.

B.C. still prosecuting some sex trade cases: Crown

Ottawa seeks input on new law to control prostitution

B.C.’s Criminal Justice Branch moved Monday to counter what it said was public misunderstanding that most prostitution-related cases will no longer go to court in the wake of a landmark ruling.

Crown counsel have shifted their practice after a Dec. 20 Supreme Court of Canada decision struck down key aspects of the criminal law on adult prostitution.

The branch issued a statement that noted the high court decision rendering unconstitutional some offences – keeping or being in a brothel, procuring or living off the avails of prostitution, and communicating in a public place for its purpose – doesn’t take effect for one year, during which time the laws remain in force.

Child prostitution offences remain illegal and unaffected by the ruling.

The branch’s new guidelines to prosecutors say there’s a continued public interest in prosecuting sex trade buyers for communicating, particularly when they solicit undercover police, as well as charges for both brothel operation and living off the avails when workers are exploited.

There’s less public interest justifying charges against sex trade workers for street solicitation or working in a brothel, they say.

Prosecutors will consider all charge requests from police on a case-by-case basis, while ongoing prosecutions that don’t meet the public interest test may be terminated.

Meanwhile, the federal government is embarking on one month of online consultations to seek public comment on how the country’s prostitution laws should be rewritten in response to the decision.

“Doing nothing is not an option,” Justice Minister Peter MacKay said Monday. “Our government is concerned about the significant harms that flow from prostitution to communities, those engaged in prostitution and other vulnerable persons.”

The Supreme Court gave Ottawa a year to rewrite the laws, which it said currently endanger sex workers and violate their constitutional rights.

The law barring anyone from living off the avails of prostitution in effect barred sex trade workers from legally protecting themselves by hiring bodyguards or drivers and renting indoor premises.

Canadian law until now has left prostitution itself legal while criminalizing communication and related activity.

There are three main international models Canada could pursue.

– Decriminalization and legalization of regulated prostitution, as used in Germany, the Netherlands, New Zealand and Australia.

– Prohibition of both the sale and purchase of sex, as well as involvement of pimps and other third parties, as is in place in U.S. states except Nevada.

– The ‘Nordic Model’ of Sweden, Norway and Iceland that decriminalizes prostitutes themselves but criminalizes clients and third parties who exploit them. An emphasis is put on social programs to help workers leave the sex trade.

The website for the online consultations can be found at www.justice.gc.ca.

It asks whether it should be criminal to buy sex from an adult, for and adult to sell sex, or to benefit economically from prostitution by an adult – and what exceptions should be allowed in each case.

“If you support allowing the sale or purchase of sexual services, what limitations should there be, if any, on where or how this can be conducted?” one question on the site asks.

Just Posted

Tommy Chong says cannabis legalization makes him proud to be a Canadian

Legendary marijuana advocate and comedian celebrates cultural milestone at Kelowna event

UPDATE: Abbotsford murder victim was brother of slain gang leader

Mandeep Grewal gunned down Thursday, brother Gavin killed in North Van in 2017

Man who sexually assaulted teen in Abbotsford is declared dangerous offender

Anton Foulds has more than 30 convictions, dating back to 1991

LETTER: Retired firefighter defends union’s election involvement

In rebuttal to another letter writer’s stance on firefighter involvement in municipal politics.

Nominations wanted for Langley moms in need

The Mama Coach launched the 2nd annual Christmas for Mamas Giveback campaign.

Singer k.d. lang receives Alberta’s highest honour

Celebrated singer-songwriter k.d. lang received the Alberta Order of Excellence in Edmonton

‘Mom, I’m in trouble:’ Canadian faces 10 years for alleged graffiti

Brittney Schneider, another tourist caught spraying message on walls of Tha Pae Gate in Thailand

Feds consulting on national anti-racism strategy behind closed doors

Heritage Minister Pablo Rodriguez says people still face systemic racism in some communities

Enbridge aims for mid-November to finish B.C. pipeline repair after blast

A natural gas pipeline that ruptured and burned near Prince George caused an explosion and fireball

How to get government cheques if Canada Post staff go on strike

The Canadian Union of Postal Workers said members could go on rotating strikes as early as Monday

Anti-SOGI school trustee files defamation lawsuit against BCTF president

Barry Neufeld says Glen Hansman’s words caused him “indignity,” “personal harassment,” and “anxiety”

Ocean ‘blob’ returns to B.C.’s North Coast

A 2,000 kilometre patch of warm ocean water could signal a warm winter in Prince Rupert

Pot sales down by nearly 70% on Day 2 of legalization in B.C.

Several products on BC Cannabis Store are still sold out

Most Read