Deciphering Ontario's prostitution decision

The Toronto Star:

Q: Does the decision apply across Canada?

A: The ruling, which was made by an Ontario Superior Court judge, is binding only in Ontario.

Q: When does it take effect?

A: After 30 days, unless the federal government can persuade a court to suspend the ruling for a longer period.

Q: What does the ruling allow sex workers to do that they previously couldn’t?

A: They can work indoors without fear of being charged with operating a common bawdy house. They can also engage in conversations with customers on the street, as long as they are not impeding traffic or harassing pedestrians. And they can hire accountants, drivers and bodyguards without exposing them to the possibility of being charged with living on the avails of prostitution.

Q: Does this mean a brothel can open up in my neighbourhood?

A: It’s possible, although unlikely. Other laws will probably come into play here. There are other ways for prostitution to be regulated outside of the Criminal Code, including municipal zoning. A residential area could be zoned to prohibit any kind of commercial enterprise, including sex work, for instance.

Q: Will I see more men and women working the streets?

A: Maybe, although prostitutes are likely to stick to their usual areas. Sex workers go where their clients are. They aren’t likely to work a corner in the suburbs, for example, because people seeking street-level prostitutes tend to go to the city.

Q: Will prostitutes be safer now?

A: Most sex workers believe so, but some experts fear that if demand for prostitutes surges, there could be an increase in human trafficking.

Q: Is this really what the Canadian public wants?

A: An Angus Reid poll conducted when this case first went to trial in 2009 suggested that half of Canadians would decriminalize prostitution, so long as it was between adults and consensual. Some say the court is just catching up to public sentiment. Others say Canadians might be loathe to accept reforms that come down in a Toronto courtroom.

By Nicki Thomas. Compiled from interviews with Brenda Cossman, law professor at the University of Toronto and expert on sexuality and the law; Christine Bruckert, criminology professor at the University of Ottawa and former sex worker; and Janine Benedet, associate law professor at the University of British Columbia and member of the Abolition Coalition, a group seeking the abolition of prostitution.