Ontario Strikes Down Prostitution Laws

Prostitution in Canada got a big legal boost last week. On September 28, Ontario Superior Court Justice Susan Himel ruled to strike down three key sections of the Canadian Criminal Code dealing with prostitution.

“The conclusion I have reached is that three provisions of the Criminal Code that seek to address facets of prostitution … are not in accord with the principles of fundamental justice and must be struck down,” wrote Justice Susan Himel in her 133-page ruling. The three federal laws struck down pertain to operating brothels, procuring a prostitute or earning money off prostitution, and communicating in public places for prostitution.

Himel’s decision comes with far-reaching consequences. By repealing these laws, “sex workers cannot only form guilds, hire bodyguards and pay taxes,” noted Lezlie Lowe, “but men and women who trade sex for money can better count on police protection, and street prostitutes can conduct their business in less shady spots than the front seats of 2004 Pontiac Bonnevilles.”

In other words, Ontario’s illicit sex trade will likely expand and become more mainstream.

Advocates for sex-trade workers and some feminists heralded the “victory.” “It’s like emancipation day for sex-trade workers,” said Terri-Jean Bedford, one of the women who launched the case. Others, however, state that this ruling will do little to deal with issues of addiction and poverty facing the majority of women in the sex trade.

Studies show that tolerance of prostitution generally results in a booming sex trade industry. When prostitution was legalized in the Australian state of Victoria in 1994, for example, the sex trade increased. According to the 2005 report “What Happens When Prostitution Becomes Work? An Update on Legalization of Prostitution in Australia,” Victoria’s tolerance of prostitution “encouraged an unprecedented demand for ‘sexual services’ resulting in more and more women being prostituted for sex and profit ….”

In Canada, many believe it’s only a matter of time before Justice Himel’s decision ripples far beyond the province of Ontario. Although Federal Justice Minister Rob Nicholson has given notice that the Canadian government will appeal the judge’s decision, victory over Himel’s radical decision is far from certain. If the recent ruling withstands appeal, the Calgary Heraldnoted last Thursday, “the ruling could have implications across the country … and could help set similar precedents in other courts” (emphasis ours). Many fear Himel’s ruling could touch off a national trend whereby prostitution laws across Canada are watered down or repealed.

Prostitution, the solicitation of sexual services for money, has been a plague on human cultures around the world all of recorded history. Whether hired by a married man (adultery) or an unmarried individual (fornication), the prostitute (called a “harlot” in Scripture) is demeaned and degraded by the act.

The Word of God is clear that both adultery (Exodus 20:14) and fornication (1 Corinthians 5:1) are strictly forbidden as being grievous sins. Prostitution demeans the purpose of family and the proper role of sex within marriage. God created marriage, family and sex for a noble purpose and has proscribed specific, immutable, spiritual laws in order to safeguard the institutions of marriage and family. Request a free copy of The Missing Dimension in Sex for more detailed information on the godly perspective on marriage, sex and prostitution.

In the meantime, Canada’s national moral slide continues. Stay tuned.