Egale Canada commends the unanimous ruling today by the Supreme Court of Canada striking down three Criminal Code provisions that ban bawdy-houses, living on the avails of prostitution, and communicating for the purposes of prostitution.

In the ruling, Chief Justice Beverley McLachlin states that "The prohibitions at issue do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky — but legal — activity from taking steps to protect themselves from the risks." Consequently, the Court has ruled that the provisions are overbroad and grossly disproportionate to their objectives, therefore infringing the Charter rights of sex workers "by depriving them of security of the person in a manner that is not in accordance with the principles of fundamental justice."

Egale Canada recognizes and affirms the autonomy of sex workers, and supports the rights of sex workers to self-determination in all aspects of their lives. It recognizes that the criminalization of sex work in Canada fosters violence toward sex workers and endangers their safety. Trans sex workers are disproportionately affected by these conditions due, in part, to prevailing societal discrimination against trans people. Criminalization of sex work fosters public and private violence in a manner analogous to the historical criminalization of same-sex relations, a connection that highlights the important role that Egale Canada has in allying with sex workers and supporting their rights.

Egale Canada supports the total decriminalization of sex work among consenting adults and associated activities as the best evidence-based mechanism for promoting the autonomy and safety of sex workers in Canada. Egale Canada rejects legislation that seeks to criminalize the purchase or sale of sex as well as third parties that help facilitate sex work. It further supports the advancement of measures to eliminate violence and discrimination against all sex workers, including trans sex workers.