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Chief Justice Beverley Mc Lachlan wrote: These appeals and the cross-appeal are not about whether prostitution should be legal or not.
They are about whether the laws Parliament has enacted on how prostitution may be carried out pass constitutional muster. I would therefore make a suspended declaration of invalidity, returning the question of how to deal with prostitution to Parliament.
Prostitutes were first driven to the streets, and then denied the one defence, communication, that allowed them to evaluate prospective clients in real time.The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organisation (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002).The Conservative majority Government of Canada, however, was committed to a prohibitionist position, as was laid out in its new legislation introduced in 2014.Lawyers for the respondents pointed out that the last minute appeal left them little time to respond.The activities related to sex work that are prohibited by law include operating a premises (sexual services establishment or brothel) where such activities take place, being found in such an establishment, procuring for such purposes, and communicating such services (soliciting) in a public place, making it difficult to engage in prostitution without breaking any law.