“These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms,” Justice Susan Himel of Ontario’s Superior Court of Justice said in Tuesday’s landmark decision.
The long-awaited judgment had been on reserve for nearly a year.
Himel said that while she has concluded the laws amount to a serious violation of the Charter, she has imposed a 30-day “stay” on her decision to give lawyers for the federal and provincial governments, as well as the women at the centre of the case, an opportunity to make fuller submissions on whether her decision to invalidate the laws should be placed on hold for an even longer period of time.
