Ottawa – The Supreme Court of Canada rejected a constitutional challenge of the criminal law on sex work, confirming the convictions of two men who argued that its provisions were too general.
Mikhail Kloubakov and Hicham Moustaine were found guilty of criminal offenses before an Alberta court because of their employment in 2018 as paid drivers for an escort company.
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.
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.
