The Court went on to find that the legislative objectives of the bawdy house and communicating offences, which were primarily aimed at addressing public nuisance and community harms associated with prostitution, were far outweighed by the negative impacts of these offences on prostitutes’ safety and security. The Court affirmed the application judge’s holding that the evidence showed that the offences prevented people “engaged in a risky - but legal - activity from taking steps to protect themselves from the risks”. The Court found that the three offences sufficiently contributed to increasing the risks of harm experienced by prostitutes such that the offences infringed their right to security of the person. Application of section 7 analysis to the offences at issue in Bedford The Court suspended the declaration of invalidity for 12 months “considering all the interests at stake” and recognizing that “how prostitution is regulated is a matter of great public concern, and few countries leave it entirely unregulated.” Footnote 2The declaration of invalidity would have taken effect on December 20, 2014, if Parliament had not enacted Bill C-36. prohibition on communicating in public for purposes of prostitution (paragraph 213(1)(c)).prohibition on living on the avails of prostitution (paragraph 212(1)(j)) and,.prohibition on keeping or being in a “bawdy house” for purposes of prostitution (section 210).Section 7 protects the rights to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
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In Bedford, the Supreme Court of Canada declared unconstitutional three Criminal Code offences addressing prostitution-related conduct on the basis that they violated section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”).
This paper provides an overview of the Supreme Court of Canada’s findings in its December 20, 2013 Bedford decision and explains the basis for the Government’s legislative response: Bill C-36, the Protection of Communities and Exploited Persons Act, which received Royal Assent on November 6, 2014 (S.C. 2014, c.25). Technical Paper: Bill C-36, Protection of Communities and Exploited Persons Act
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