Abstract

R v NS, 2022 ONCA 160 is the latest decision on the constitutional validity of Canada's sex work laws which were introduced to the Canadian Criminal Code through the Protecting Communities and Exploited Persons Act 2014. Since the decision in Canada v Bedford 2013, SCC 72, where the previous sex work laws were declared unconstitutional, the Canadian Parliament passed legislation which introduced an 'end demand' model of regulation. Arguments in the
Canadian courts that the new law creates dangerous working conditions and risks the safety and security of sex workers have brought mixed results. In their latest decision, the Court of Appeal of Ontario has dismissed these concerns and declared legal provisions under the Canadian Criminal Code which criminalise the purchase of sex and surrounding activities are not overbroad or grossly disproportionate and
therefore do not infringe the Canadian Charter of Rights and Freedoms.