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Canada (AG) v Bedford, 2013 SCC 72, [2013] 3 SCR 1101 is a decision of the Supreme Court of Canada on the Canadian law of sex work. The applicants, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, argued that Canada's prostitution laws were unconstitutional. The Criminal Code included a number of provisions, such as outlawing public communication for the purposes of prostitution, operating a bawdy house or living off of the avails of prostitution, even though prostitution itself is legal. The applicants argued that the laws deprive sex workers of their right to security by forcing them to work secretly. In 2012, the Court of Appeal for Ontario ruled that some, but not all, of these prohibitions violated the Canadian Charter of Rights and Freedoms and were unconstitutional. The Supreme Court of Canada ruled in a 9–0 decision on December 20, 2013, that all of these laws are unconstitutional, although it delayed the striking down of the laws by one year to allow Parliament to update the laws in accordance with the ruling. The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organization (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002). Background While prostitution is legal in Canada, most activities related to prostitution are illegal. Prohibitions at the time the Bedford case was initiated included: operating common bawdy-houses. This prevented prostitutes from offering their services out of fixed indoor locations such as brothels, or even their own homes. living on the avails of prostitution. This prevented anyone, including but not limited to pimps, from profiting from another’s prostitution. communicating for the purpose of prostitution in public. This prevented prostitutes from offering their services in public, and particularly on the streets. Many of these prohibitions were found constitutional by the Supreme Court of Canada in 1990 in the Prostitution Reference. In 2007, court proceedings began in Ontario to re-challenge the constitutionality of these prohibitions, on the basis that it created significant harm to prostitutes and other sex workers. Applicants The three applicants all work or worked in the sex trade and Amy Lebovitch and Valerie Scott are members of Sex Professionals of Canada (SPOC), an organization which campaigns for the rights of sex workers and the full decriminalization of prostitution. Terri-Jean Bedford Terri-Jean Bedford, born 15 October 1959, was formerly a prostitute and now works as a professional dominatrix. Bedford formerly operated an S&M dungeon in Thornhill, Ontario, called Madame de Sade's House of Erotica, but dubbed the Bondage Bungalow by the press. In 1994 she was charged with operating a bawdy house, and was convicted in 1999. Throughout the Superior Court trial, Bedford's appearance was notable, dressing all in leather and always appearing with a black leather riding crop. Amy Lebovitch Amy Lebovitch, born 24 January 1979, has worked in the sex industry since she was 18. She has worked on the street, indoors (independently and with an agency) and in a fetish house. She has also studied criminology and psychology at the University of Ottawa and social work at Ryerson University (now Toronto Metropolitan University) in Toronto. Since 2012, she works as a community based researcher.[1] Valerie Scott Valerie Scott, born 9 April 1958, entered the sex trade when she was 24. She worked on the street, independent indoor, escort and in massage parlours. Scott became an activist in 1985 when she joined SPOC (known as the Canadian Organization for the Rights of Prostitutes at the time). She served as the executive director of SPOC from 2004 to 2011 and is now SPOC's Legal Coordinator. For the past 27 years, Scott has spoken at numerous parliamentary committees, universities, community organizations and to the media about the need for decriminalization. Trial The trial took place in Toronto over seven days in October 2009 in the Ontario Superior Court of Justice. The applicants were represented by Alan Young, a professor of law at Osgoode Hall Law School. Young stated that he brought the challenge forward because the state of the law in Canada made it legal to engage in the act of prostitution, but illegal to be indoors, hire bodyguards or help and to screen clients. One witness, Professor John Lowman of Simon Fraser University, provided evidence that working outside is more dangerous for prostitutes, raising the example of serial-killer Robert Pickton who preyed on streetwalkers. And another witness, Professor Ronald Weitzer (of George Washington University) provided further evidence of indoor prostitution being safer than street solicitation. The federal and provincial governments argued that prostitution is exploitative and harmful to the community. The federal government called experts such as Dr. Janice Raymond of the Coalition Against Trafficking in Women and Dr. Melissa Farley of Prostitution Research and Education. Witnesses for the Crown argued that indoor prostitution is no less risky than outdoor prostitution and that prostitution in any form is inherently dangerous. In addition to the Attorney General of Ontario, other parties granted intervenor status in the case included the Catholic Civil Rights League, the Christian Legal Fellowship and REAL Women of Canada. These interveners filed a joint submission stating that a majority of Canadians hold prostitution to be immoral and that 80% of Canadians belong to religions supporting this view. Decision On September 28, 2010, Justice Susan Himel issued her decision after one year of deliberation. She struck down Canada's prostitution laws, specifically sections 210, 212(1)(j) and 213(1)(c). An Angus Reid poll shortly after the decision found 49% of Canadians approved of the decision of Justice Himel, and 34% were opposed; however, there was considerable variation by age, gender and province. Court of Appeal for Ontario Temporary stay Justice Himel originally allowed a stay of 30 days to permit appeal. Justice Minister Rob Nicholson stated that the Federal Government would appeal the court ruling and seek a stay pending that decision. The Ontario Government, which had intervenor status in the case, supported the appeal and did not seek any Parliamentary discussion of the state of the prostitution laws in Canada. On October 15, a further stay effective till November 27 was granted to allow the Justice Department to prepare an appeal, and, on November 22, the Government sought a further stay in the court of appeal, claiming dire consequences if the decision was applied. Mr Justice Marc Rosenberg rebuked the Crown for overstating the consequences of allowing the decision to stand. Judgment was reserved, the parties agreeing to extend the stay until judgment was delivered. On December 2, the court granted an extension of the stay until .... Discover the Terri Jean popular books. Find the top 100 most popular Terri Jean books.