Max Waltman, a legal scholar who has been published in the New York Times, has concluded that the ruling in the Bedford case misrepresented evidence, while contravening case law and the charter. Michelle Brock discusses his breakthrough paper at Hope for the Sold. Here’s an excerpt:
A paper concludes thatBedford v. Canada erroneously rewrote the law against “living on the avails of prostitution” on basis of misrepresented as well as faulty evidence, and contravenes prior Supreme Court cases and the Charter by making prostituted persons more vulnerable to exploitation.
To date, living “on the avails of prostitution of another person” has been illegal in Canada. That law was challenged in the Court of Appeal for Ontario in Bedford v. Canada on March 26, 2012. The court essentially found that the law prevented prostituted persons to benefit from third parties such as brothel management, escort agencies, bodyguards, or drivers — all whom were perceived as able to enhance the safety and well-being of prostituted persons. Hence, the avails provision was rewritten by the court, stating that it “applies only to those” who live on the avails “’in circumstances of exploitation.’”
Now, a recent working paper from Stockholm University penned by Max Waltman, a PhD Candidate at their Department of Political Science, concludes that the Court of Appeal for Ontario erroneously rewrote the law against “living on the avails of prostitution” on basis of misrepresented as well as faulty evidence, and as a result made prostituted persons more vulnerable to exploitation. The paper highlights how the Bedford ruling contravenes previous Supreme Court cases on prostitution, and is inconsistent with equality guarantees under the Canadian Charter of Rights and Freedoms. Waltman suggests a different decision based on the notion of equality under the Charter’s case law, which would effectively endorse the Swedish prostitution law in Canada that criminalizes purchasers and pimps, and decriminalizes prostituted persons. The case will now head to the Supreme Court. (If you are new to the Bedford ruling, and want to get caught up on the basics, you can read a clear description of the decision here.)
- The Charter Is No Trifling Matter (lighthouselaw.wordpress.com)
- Ex-Treasury Department employee accused of using taxpayer resources to see prostitutes (foxnews.com)
- Missing prostitute Rachel Wilson’s body found at Coulby Newham – BBC News (bbc.co.uk)
- Court decisions may be lost in translation (business.financialpost.com)