The unconstitutional nature of the criminalisation of the purchase of sex in Canada - R v Anwar 2020 ONCJ 103 (Ontario)

Leggett, Zach (2020) The unconstitutional nature of the criminalisation of the purchase of sex in Canada - R v Anwar 2020 ONCJ 103 (Ontario). Journal of Criminal Law, 84 (3). pp. 266-270. ISSN 0022-0183

[img]
Preview
PDF
The unconstitutional nature of the criminalisation of the purchase of sex in Canada.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial No Derivatives.

Download (139kB) | Preview

Search Google Scholar

Abstract

The Applicants, Mr Anwar and Ms Harvey, operated Fantasy Worlds Escorts (FWE) agency in London, Ontario, Canada. They were charged with the following offences under the Canadian Criminal Code relating to the commodification of sexual activity: receiving a financial or material benefit from prostitution contrary to s 286.2(1), procuring a person to offer or provide sexual services for consideration contrary to s 286.3(1) and knowingly advertising an offer to provide sexual services for consideration contrary to s 286.4. The pair challenged the charges on the basis that they were in contravention of the Canadian constitution, specifically the Canadian Charter of Rights and Freedoms as the laws in question prevented sex workers from lawfully using third parties to protect them and to prevent them from forming associations in order to create a system of mutual protection. As the provisions targeted sex workers and prevented them from accessing things that are natural, expected and encouraged in other sectors of work, the Applicants argued that the existing prostitution laws denied sex workers, who are in particular need of protection, the benefits accorded to mainstream labour.

Item Type: Article
Subjects: Law > Criminal Law
Law > Law
Law
Divisions: Faculty of Business, Law and Tourism > School of Law
Depositing User: Zach Leggett
Date Deposited: 23 Nov 2020 09:50
Last Modified: 23 Nov 2020 10:00
URI: http://sure.sunderland.ac.uk/id/eprint/12810
ORCID for Zach Leggett: ORCID iD orcid.org/0000-0001-9355-240X

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year