Bedford v. Canada
Encyclopedia
Bedford v. Canada was a legal challenge to Canada's prostitution laws filed in the Superior Court of Ontario in 2007. The applicants, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, argued that Canada's prostitution laws were unconstitutional. The Canadian Criminal Code includes a number of provisions outlawing public communication for the purposes of prostitution, operating a bawdy house or living off of the avails of prostitution. However, prostitution itself is legal. The applicants argued that the laws deprive sex worker
s of their right to security by forcing them to work in secret.
(SPOC), an organization which campaigns for the rights of sex workers and the full decriminalization of prostitution.
. She calls herself "Canada's most famous 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 her business was raided by police and she was charged with operating a bawdy house. In 1995 the charges were dismissed. However the Crown appealed and in 1999 she was convicted. Throughout the Superior Court trial, she delighted reporters by dressing all in leather and always appearing with a black leather riding crop.
and has already submitted a business plan to run a brothel.
and social work at Ryerson University
in Toronto. As of 2011, she continues to work as a prostitute in British Columbia
and acts as a spokesperson for SPOC.
over seven days in October 2009. 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.
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 intervenors 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.
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.
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 April 2011, on the grounds of preserving the status quo and that the full appeal should have been heard by then.
In March 2011, the Government filed its brief and applied for and obtained a further stay till the hearing of the appeal in June 2011. They also asked for a further 18-month stay should the appeal be unsuccessful. In its brief the Justice Department made a number of arguments in addition to claims of errors in law: prostitution is inherently harmful, Parliament enacted the provisions to discourage this activity, and the impugned provisions met the stated objectives, were not arbitrary or overbroad, and therefore should stand. Furthermore, it challenged the legal standing of two of the three applicants. The claims that the stated harms were due to sex workers flouting the law, and that there was not a duty of protection to sex workers, since they voluntarily entered a dangerous occupation, were the ones picked up by the media.
Seven additional parties, including the Canadian Civil Liberties Association
, the British Columbia Civil Liberties Association
, the Canadian HIV/AIDS Legal Network
and the Prostitutes of Ottawa/Gatineau Work, Educate and Resist (POWER), have obtained intervenor status as amici curiae, however Maggie's, a sex worker organisation
was denied this on March 16, since they sought to raise new constitutional issues under section 15
. They were however invited to join one of the existing groups.
The appeal was heard by five members of the Court of Appeal for Ontario from 13–16 June 2011. The panel further extended the stay pending their verdict.
Sex worker
A sex worker is a person who works in the sex industry. The term is usually used in reference to those in the sex industry that actually provide such sexual services, as opposed to management and staff of such industries...
s of their right to security by forcing them to work in secret.
Applicants
The three applicants all work or worked in the sex trade and are members of Sex Professionals of CanadaSex Professionals of Canada
Sex Professionals of Canada is a Canadian activism group. SPOC was formed in 2001, and campaigns for decriminalization through public education and legal challenges to decriminalize Canadian prostitution laws....
(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 dominatrixDominatrix
Dominatrix or mistress is a woman or women who takes the dominant role in bondage, discipline and sadomasochism, or BDSM. A common form of address for a submissive to a dominatrix is "mistress", "ma'am", "domina" or "maîtresse"...
. She calls herself "Canada's most famous Dominatrix". Bedford formerly operated an S&M dungeon
Dungeon (BDSM)
In BDSM sexual play, a dungeon is any space set aside for "scene" activities.Private dungeons are often fabricated in residential basements or spare rooms...
in Thornhill, Ontario
Thornhill, Ontario
Thornhill is a community in the Greater Toronto Area of Southern Ontario, Canada, located on the northern border of the city of Toronto. Once a municipal village, Thornhill is now a community and postal designation geographically split into two municipalities along Yonge Street, the city of...
, called Madame de Sade's House of Erotica, but dubbed the Bondage Bungalow by the press. In 1994 her business was raided by police and she was charged with operating a bawdy house. In 1995 the charges were dismissed. However the Crown appealed and in 1999 she was convicted. Throughout the Superior Court trial, she delighted reporters by dressing all in leather and always appearing with a black leather riding crop.
Valerie Scott
Valerie Scott, born 9 April 1958, entered the sex trade when she was 24. She worked as a street prostitute and in massage parlours. Scott became an activist in 1986 when she joined SPOC (known as the Canadian Organization for the Rights of Prostitutes at the time). As of 2011 she is the executive director of the organization. Since the verdict, she stated that she intends to study business at the University of TorontoUniversity of Toronto
The University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
and has already submitted a business plan to run a brothel.
Amy Lebovitch
Amy Lebovitch, born 24 January 1979, has worked in the sex-trade since she was 18 as a street prostitute, as an escort, and in a fetish house. She has also studied criminology and psychology at the University of OttawaUniversity of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
and social work at Ryerson University
Ryerson University
Ryerson University is a public research university located in downtown Toronto, Ontario, Canada. Its urban campus is adjacent to Yonge-Dundas Square located at the busiest intersection in Downtown Toronto. The majority of its buildings are in the blocks northeast of the square in Toronto's Garden...
in Toronto. As of 2011, she continues to work as a prostitute in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
and acts as a spokesperson for SPOC.
Trial
The trial took place in TorontoToronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
over seven days in October 2009. The applicants were represented by Alan Young
Alan Young (lawyer)
Alan N. Young is an associate professor of law at Osgoode Hall Law School in Toronto, Ontario, Canada.Young is the co-founder and director of Osgoode's Innocence Project, which seeks to investigate overturn cases of wrongful conviction....
, a professor of law at Osgoode Hall Law School
Osgoode Hall Law School
Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...
. 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
Simon Fraser University
Simon Fraser University is a Canadian public research university in British Columbia with its main campus on Burnaby Mountain in Burnaby, and satellite campuses in Vancouver and Surrey. The main campus in Burnaby, located from downtown Vancouver, was established in 1965 and has more than 34,000...
, provided evidence that working outside is more dangerous for prostitutes, raising the example of serial-killer Robert Pickton
Robert Pickton
Robert William "Willie" Pickton of Port Coquitlam, British Columbia, Canada is a former pig farmer and serial killer convicted of the second-degree murders of six women. He is also charged in the deaths of an additional twenty women, many of them prostitutes and drug users from Vancouver's...
who preyed on streetwalkers.
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
Coalition Against Trafficking in Women
Coalition Against Trafficking in Women is an international non-governmental organization opposing human trafficking, prostitution, and other forms of commercial sex.-Views:...
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
Attorney General of Ontario
The Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial...
, other parties granted intervenor status in the case included the Catholic Civil Rights League
Catholic Civil Rights League
The Catholic Civil Rights League is a Canadian lay Catholic organization committed to combating anti-Catholic defamation, working with the media to secure a fair hearing for Catholic positions on issues of public debate, and lobbying government and intervening in court challenges in support of law...
, the Christian Legal Fellowship and REAL Women of Canada
REAL Women of Canada
REAL Women of Canada is a socially conservative lobby group in Canada. The organization was founded in 1983.REAL stands for "Realistic, Equal, Active, for Life". The group believes that the nuclear family is the most important unit in Canadian society, and that the fragmentation of the Canadian...
. These intervenors 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 HimelSusan Himel
Susan G. Himel is a judge in the Ontario Superior Court of Justice for the Toronto region. Previously, she served as the assistant Deputy Attorney General of Ontario.-References:...
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
Angus Reid Public Opinion
Angus Reid Public Opinion is an international public affairs practice. It was established in 2006 under the name Angus Reid Strategies by Dr Angus Reid, a Canadian sociologist who founded his first research company in 1979. Reid sold the Angus Reid Group to Paris-based Ipsos SA in 2000...
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.
Appeal and stays of effect
Justice Himel originally allowed a stayStay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
of 30 days to permit appeal. Justice Minister Rob Nicholson
Rob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...
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 April 2011, on the grounds of preserving the status quo and that the full appeal should have been heard by then.
In March 2011, the Government filed its brief and applied for and obtained a further stay till the hearing of the appeal in June 2011. They also asked for a further 18-month stay should the appeal be unsuccessful. In its brief the Justice Department made a number of arguments in addition to claims of errors in law: prostitution is inherently harmful, Parliament enacted the provisions to discourage this activity, and the impugned provisions met the stated objectives, were not arbitrary or overbroad, and therefore should stand. Furthermore, it challenged the legal standing of two of the three applicants. The claims that the stated harms were due to sex workers flouting the law, and that there was not a duty of protection to sex workers, since they voluntarily entered a dangerous occupation, were the ones picked up by the media.
Seven additional parties, including the Canadian Civil Liberties Association
Canadian Civil Liberties Association
The Canadian Civil Liberties Association or CCLA, is Canada's leading national organization devoted to the defence of civil liberties and constitutional rights, both inside and outside the courts. The organization's work focuses on constitutional litigation, law reform, advocating on civil...
, the British Columbia Civil Liberties Association
British Columbia Civil Liberties Association
The British Columbia Civil Liberties Association or BCCLA is a non-government organization in British Columbia, Canada dedicated to the preservation, maintenance and extension of civil liberties and human rights in Canada....
, the Canadian HIV/AIDS Legal Network
Canadian HIV/AIDS Legal Network
The Canadian HIV/AIDS Legal Network promotes the human rights of people living with and vulnerable to HIV/AIDS, in Canada and internationally, through research, legal and policy analysis, education, and community mobilization...
and the Prostitutes of Ottawa/Gatineau Work, Educate and Resist (POWER), have obtained intervenor status as amici curiae, however Maggie's, a sex worker organisation
was denied this on March 16, since they sought to raise new constitutional issues under section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
. They were however invited to join one of the existing groups.
The appeal was heard by five members of the Court of Appeal for Ontario from 13–16 June 2011. The panel further extended the stay pending their verdict.