Among the charges Mulawka faces is trafficking in persons and living
on avails of prostitution.
The respondent, during her testimony, remarked that she expressed the view to the officers of the Taxation Division that it was incongruous that the government should seek to live
on the avails of prostitution.
[59] Here, the applicants argue that the prohibitions on bawdy - houses, living
on the avails of prostitution, and communicating in public for the purposes of prostitution, heighten the risks they face in prostitution — itself a legal activity...
However the court found three key Criminal Code prohibitions — on brothels, living
on the avails of prostitution and communicating in public for the purposes of buying and selling sex — are unconstitutionally broad and breach the Charter rights of vulnerable and marginalized women practising the world's oldest profession.
Two lower courts in Ontario struck down two provisions of the Criminal Code prohibiting the operation of a common bawdy house and a prohibition against living
on the avails of prostitution on the basis that the provisions violated s. 7 of the Canadian Charter of Rights and Freedoms, which provides that the state can not deny a person's right to life, liberty or security of the person except in accordance with the principles of fundamental justice.
The Court of Appeal also agreed with the lower court that the prohibition against living
on the avails of prostitution infringes s. 7 of the Charter to the extent that it criminalizes non-exploitative commercial relationships between sex trade workers and other people.
Three criminal laws were at issue: the laws preventing bawdy houses or brothels (s. 210), living
on the avails of prostitution (s. 212 (1)(j)-RRB- and communicating in public for the purposes of prostitution (s. 213)(1)(c)-RRB-.
Section 212 (1)(j), which prohibited living
on the avails of prostitution, prevented anyone, including...
Justice Himel of the Ontario Superior Court, in a decision grounded in evidence from Canada and abroad about the extreme harms faced by sex workers, held that the provisions restricting indoor sex work (or «bawdy houses»), living
on the avails of prostitution, and communicating in public for the purpose of prostitution were unconstitutional.
Not exact matches
«For present purposes, it is sufficient to say that
on our interpretation, the bawdy - house provisions criminalize the practice
of prostitution at a fixed indoor location; the living
on the
avails provision criminalizes the use
of support and security staff funded by the proceeds
of the
prostitution, regardless
of whether the relationship is an exploitative one; and the communicating provision prohibits any attempt by street prostitutes to screen potential customers by speaking with those customers in a public place for the purpose
of prostitution,» the judges wrote.
On April 25, 2012, the Federal Government announced that they will appeal the March 26, 2012, Ontario Court
of Appeal decision striking down Canada's
prostitution laws, specifically, Criminal Code provisions prohibiting «keeping or using a common bawdy house» (section 210) and the «living off the
avails of prostitution» provision (section 212 (1)(j)-RRB- as unconstitutional to the Supreme Court
of Canada.
A Justice
of the Ontario Superior Court
of Justice agreed with these arguments and found the prohibitions
on communication for the purpose
of prostitution, living off the
avails of prostitution, and keeping a common bawdy house, to be unconstitutional.
The British Columbia Court
of Appeal ruled
on Tuesday October 12, 2010, that a former sex worker and the Downtown Eastside Sex Workers United against Violence Society (a lobby group representing sex trade workers), can challenge the law provisions dealing with
prostitution (operating a bawdy house, communicating in public to sell sex or living off the
avails of prostitution), alleging that they violate ss.