Sex Work in Canada: Examining Legal, Moral, and Theoretical Perspectives on the Issues

In Canada, the sale of sex for money was not illegal under the former legislative structure. Regardless, the laws making up that structure were challenged for constitutionality in two cases and were heard by the Supreme Court of Canada. Two vastly different decisions were delivered in the 1990 Prostitution Reference and Bedford decisions, with the latter case repealing the old sex work laws. The Canadian government drafted new laws in response to the repealed laws. Evidence suggests that the new model of sex work regulation is harmful and does little to address the constitutional defects identified in the Bedford decision. This legislative approach comes from the adoption of perspectives from a moral crusade against prostitution, and similar legal structures in other parts of the world. The shortcomings of the law, and the questionable framework it stems from suggests that the government must do more to meet the needs of sex workers in Canada. The examination of this topic raises several philosophical questions that might be considered in future research