Government to Appeal Prostitution Ruling: Nicholson

Justice Minister Rob Nicholson has said the government will appeal a land mark prostitution ruling.
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OTTAWA—Justice Minister Rob Nicholson told the House of Commons on Wednesday that the government will appeal an Ontario Superior Court decision that overturns bans on pimping, brothels, and solicitation, the backbone of the criminal code dealing with prostitution.

“Mr. Speaker, prostitution is a problem that harms individuals and communities. That is why I am pleased to indicate to the House that the government will appeal and will seek a stay of that decision,” Nicholson said.

The landmark ruling came down on Tuesday. While prostitution is not illegal in Canada, the criminal code surrounds the activity with laws designed to impede it by banning communication about sex, brothels, and other practices that would facilitate prostitution.

In her decision, Justice Susan Himel said these laws force sex workers to the margins, keeping them on the street and in dangerous situations.

Himel put a 30-day stay on the decision which the government will seek to extend and suspend while they appeal the decision, a process that could take years.

Liberal Justice Critic Marlene Jennings said the government is unduly hasty in its decision to appeal the ruling and blamed the government for leaving a policy vacuum that puts sex trade workers in danger.

“I think that this is an important decision and it is worthy of serious reflection and if the government on the day itself has come out with this decision, that they are going to appeal ... I think that they haven’t done their homework and their due diligence.”

Jenning said that the Liberals don’t have a specific position on decriminalizing prostitution but are looking at the issue.

NDP Deputy Leader Libby Davies is the party’s point person on solicitation laws. She also criticized the government’s decision to appeal.

“I find it just a very difficult response of the Conservatives to rush into an appeal when they barely even considered the decision. I think it is a very ill-advised move.”

The government had not issued any detailed statement or provided comment on the issue by press time.
Matthew Little
Matthew Little
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Matthew Little is a senior editor with Epoch Health.
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