Several provinces not pursuing unconstitutional prostitution charges

TORONTO – A spokesman for Ontario’s Ministry of the Attorney General says Crown lawyers will “likely” not be prosecuting people under three prostitution laws struck down by the Supreme Court.

Brendan Crawley says in a statement that the Crown will continue to prosecute prostitution offences that remain on the books, such as those involving people under 18 and human trafficking provisions.

He says final decisions about prosecutions involving the three impugned laws will depend on a case-by-case review, but if there are no “alternate prostitution-related charges appropriate to the facts of the case,” the Crown will likely not pursue the case.

The Supreme Court of Canada struck down the country’s anti-prostitution laws late last year, ruling that laws banning street soliciting, living on the avails and keeping a brothel are unconstitutional.

The court gave the government a year to come up with a new legislative umbrella before the ruling comes in force, but Justice Minister Peter MacKay has said Ottawa will introduce new legislation well ahead of the December deadline.

Alberta and New Brunswick have also indicated it is not in the public interest to prosecute sex workers under the three laws now.

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