Supreme Court Of Canada Weighs Constitutionality Of Prostitution Laws

The Supreme Court of Canada is currently reviewing arguments concerning the constitutionality of the nation’s prostitution laws in the case R v. Kloubakov. This marks the first instance where the top court is assessing whether these laws align with the Canadian Charter of Rights and Freedoms. The case involves two men convicted in 2021 for profiting from sexual services.

The 2014 laws under review, established to curb or eliminate prostitution, criminalize the purchase but not the sale of sexual services and impose penalties on third parties who benefit from or promote the commercial sex market. Modeled after similar laws in countries like Sweden and France, Canada’s approach seeks to tackle inequality, human trafficking, and the dangers of violence in the sex trade.

R v. Kloubakov originated from a sex-trafficking probe involving the Calgary Police Service and the Québec Anti-Human Trafficking Task Force, leading to multiple charges. The two men now challenging the laws worked for a trafficking operation whose owners have been convicted. They argue that the laws violate sex workers’ rights by limiting their autonomy and access to safety-enhancing resources.

While previous constitutional challenges argued these laws heightened risks for sex workers by restricting protective measures, courts in Ontario and Alberta found the laws did not preclude such protections. The Supreme Court’s decision in this case will balance individual liberty against Parliament’s authority to legislate on activities involving exploitation and risk, influencing future legal and social policies in Canada.