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 © 2025 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

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

Show More