Assessing Evidence, Arguments, and Inequality in Bedford v. Canada
Stockholm University - Department of Political Science
June 25, 2013
Final version to be published in Harvard Journal of Law and Gender, Vol. 37, 2014
Canada criminalizes anyone who “lives wholly or in part on the avails of prostitution of another person,” and anyone who keeps, controls, or knowingly permits a “bawdy-house” for prostitution. The Supreme Court of Canada found that these laws prevented brothel management, escort agencies, bodyguards, or drivers from enhancing the safety and well-being of prostituted persons in indoor locations. This article assesses the evidence relied on by courts to strike down the laws, finding that evidence was misrepresented and misevaluated, thus did not support their decision. Empirical evidence shows that prostitution is an unequal practice of sexual and economic exploitation to which prostituted people generally lack real or acceptable alternatives. Pimps and brothel-owners in general make their situations worse, not better. The two invalidated provisions facilitate prosecution of pimps and other third party profiteers more effectively than existing trafficking laws. By invalidating these provisions, Canada will expose prostituted people to predators while protecting their exploiters. Their decisions overturn previous precedents that shielded prostituted people from abusive pimps, and violate Canada’s commitment to promote equality among historically disadvantaged people, such as those in prostitution. Charter principles of substantive equality call for retaining laws that put exploiters — pimps and brothel-owners — out of business, while invalidating any fines or criminal laws imposed on prostituted persons, measures that preclude their opportunities and exit. Civil damages actions on behalf of prostituted people and effective criminal laws against purchase of people for sex would also promote their substantive equality.
© Max Waltman 2012, 2013, 2014
Number of Pages in PDF File: 72
Keywords: Prostitution, Trafficking, Exploitation, Inequality, Canada, Charter, Section 15, Substantive Equality, Intersectionality, Multiple DisadvantagesAccepted Paper Series
Date posted: June 25, 2012 ; Last revised: March 19, 2014
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