Canadian Judge Rules in Landmark Decision on Sexual Services Laws

Canadian Judge Rules in Landmark Decision on Sexual Services Laws

LONDON, Ontario — Charges against a London, Ontario couple, Tiffany Harvey and Hamad Anwar, who were arrested in 2015 following a raid on their business, Fantasy World Escorts, have been stayed following a landmark decision by Judge Thomas McKay that the charges are unconstitutional.

In his decision, McKay noted, "legislation for which the stated purposes include eliminating exploitation and reducing the risk of violence to sex workers actually has the effect of exposing sex workers to an increased risk of exploitation."

Harvey and Anwar originally faced several counts of human trafficking, which had been dropped, but retained charges which prohibit the "procuring, advertising and materially benefiting from someone else's sexual services," as outlined by the Canadian Broadcasting Corporation (CBC).

After a loosening of prostitution laws in 2013, the Canadian government took a decidedly aggressive approach to discouraging sex work in 2014, passing the Protection of Communities and Exploited Persons Act (PCEPA), which criminalized the purchase of sexual services, as well as criminalizing activities related to their sale, emulating the Nordic Model, which advocates for the focus of law enforcement efforts on so-called "pimps and johns," instead of providers, in an effort to deplete demand. 

The Nordic Model has been widely criticized by sex workers' rights advocates. 

In 2018, the constitutionality of the new laws was upheld by the Ontario Superior Court of Justice, which cited a Department of Justice technical paper that revealed the ultimate goal of PCEPA to be the abolition of prostitution "to the greatest extent possible," on the grounds of protecting "human dignity." 

But this week, in stark opposition to the popular mainstream narrative of sex work being inherently dangerous, exploitative and degrading, McKay ruled that the new additions to Canadian law, relative to sex work, are unconstitutional, specifically regarding freedom of expression and of the greater right to "life, liberty and security of the person" section of the Canadian Charter of Rights and Freedoms.

Although legal analysts suggest the Crown will appeal McKay's decision, the ruling nonetheless denotes a landmark case regarding sex workers' rights, one which could set a precedent for future cases. 

Following the staying of charges, Harvey and Anwar's lawyer, James Lockyear, told the press, "I think his judgment is a tremendous advance for the cause of a good society, and a society that protects those who are being exploited, especially the sex workers."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Segpay Launches Virtual 'Segcard' Creator Payout Solution

Segpay has updated its Segcard creator payout option by offering a new, virtual version.

Leading Conservative Think Tank Slams 5th Circuit for Upholding Texas Age Verification Law

Leading conservative think tank the American Enterprise Institute has published an opinion piece penned by one of its senior fellows criticizing the 5th Circuit endorsement of Texas’ controversial age verification law.

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Former Trump Staffer, Project 2025 Advisor John McEntee Predicts a Total Porn Ban

John McEntee, senior advisor to the Heritage Foundation’s Project 2025 and a former key figure in the Trump administration, is predicting an eventual full ban on pornography, claiming that once it is enacted, “this country will flourish.”

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Show More