Nevertheless,
Supreme court rejects challenge law:
(Ottawa) The Supreme Court of Canada rejected a constitutional challenge of the criminal law on sex work. Meanwhile, confirming the convictions of two men who argued that his provisions were too general. Nevertheless,
Posted at 12:03 p.m. Updated at 5:34 p.m.
The case has tested key elements of the Law on the protection of communities. Furthermore, people victims of exploitationentered into force at the end of 2014. Similarly,
Stephen Harper’s conservative government presented this law in response to a historic judgment of the Supreme Court. Furthermore, known as the Bedford judgment. Nevertheless,
The law was aimed at protecting sex working people from third parties who market the sale of sexual services. In addition, to allow them to protect themselves from the dangers placed by certain customers. Meanwhile,
Mikhail Kloubakov. Furthermore, Hicham Moustaine were found guilty of criminal offenses before an Alberta court because of their employment in 2018 as paid drivers for an escort agency, a commercial establishment of sexual services in Calgary.
Men successfully challenged the criminal provisions in question. arguing of the constitutionality of these provisions, because they deprive people working on the sex of their right to security.
The supreme court rejects challenge law first provision criminalizes the fact of receiving money. any other material advantage from the work of the sex of others in operating conditions. The second provision prohibits the recruitment of a person for the sale of sexual services.
A first judge concluded that the provisions were too general. because they apply to people who draw a material advantage of sex work and who could otherwise contribute to the safety of sex working people.
The crown appealed. arguing that the trial judge had wrongly concluded that the provisions violated the Charter of Rights and Freedoms.
The Alberta Court of Appeal authorized the appeal. pronounced convictions against Mikhail Kloubakov and Hicham Moustaine and returned the case for determination of the sentence.
In its unanimous decision made Thursday. the supreme court rejects challenge law Supreme Court said that “the offenses concerning the material advantage and the pimping respectively do not prevent [les travailleurs et travailleuses du sexe] to take the safety measures envisaged in the Bedford judgment ”.
The Court said that. if the infraction of a material advantage prohibits a person from receiving a financial or other advantage while knowing that it follows from the purchase of sexual services from others, its scope is restricted by exceptions that allow sex workers to protect themselves by hiring personnel.
A third party who ensures the security of a person selling sexual services can do so legally. said the Court, provided they do not encourage the person to sell sexual services and that the advantage received is proportional to the value of the services provided.
The Supreme Court supreme court rejects challenge law has stressed that the exceptions provided for by law do not apply in the circumstances that Parliament considers to be in operation. especially when a material advantage is obtained through a commercial enterprise.
The judges will determine on a case -by -case basis if a given company is a commercial company engaging in the commodification of sexual activity. said the highest judicial body in the country.
However, certain behaviors do not fall under the definition of a commercial enterprise, said the Court. These include:
- of a person “who sells his own sexual services, whether independently or in collaboration with others”;
- of a “third party, like a driver, a receptionist, a bodyguard or a manager, who provides security services to people who sell their own sexual services under cooperation arrangement”; supreme court rejects challenge law
- “Sex working people who carry out their activities inside from a self -lucrative goal”;
- And a person or an entity “who only rents a room for a working person of independent sex and who does not participate in the commodification of sexual activities”.
Supreme court rejects challenge law
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