Canadian Judge Rules in Landmark Decision on Sexual Services Laws

Canadian Judge Rules in Landmark Decision on Sexual Services Laws

LONDON, Ontario — Charges against a London, Ontario couple, Tiffany Harvey and Hamad Anwar, who were arrested in 2015 following a raid on their business, Fantasy World Escorts, have been stayed following a landmark decision by Judge Thomas McKay that the charges are unconstitutional.

In his decision, McKay noted, "legislation for which the stated purposes include eliminating exploitation and reducing the risk of violence to sex workers actually has the effect of exposing sex workers to an increased risk of exploitation."

Harvey and Anwar originally faced several counts of human trafficking, which had been dropped, but retained charges which prohibit the "procuring, advertising and materially benefiting from someone else's sexual services," as outlined by the Canadian Broadcasting Corporation (CBC).

After a loosening of prostitution laws in 2013, the Canadian government took a decidedly aggressive approach to discouraging sex work in 2014, passing the Protection of Communities and Exploited Persons Act (PCEPA), which criminalized the purchase of sexual services, as well as criminalizing activities related to their sale, emulating the Nordic Model, which advocates for the focus of law enforcement efforts on so-called "pimps and johns," instead of providers, in an effort to deplete demand. 

The Nordic Model has been widely criticized by sex workers' rights advocates. 

In 2018, the constitutionality of the new laws was upheld by the Ontario Superior Court of Justice, which cited a Department of Justice technical paper that revealed the ultimate goal of PCEPA to be the abolition of prostitution "to the greatest extent possible," on the grounds of protecting "human dignity." 

But this week, in stark opposition to the popular mainstream narrative of sex work being inherently dangerous, exploitative and degrading, McKay ruled that the new additions to Canadian law, relative to sex work, are unconstitutional, specifically regarding freedom of expression and of the greater right to "life, liberty and security of the person" section of the Canadian Charter of Rights and Freedoms.

Although legal analysts suggest the Crown will appeal McKay's decision, the ruling nonetheless denotes a landmark case regarding sex workers' rights, one which could set a precedent for future cases. 

Following the staying of charges, Harvey and Anwar's lawyer, James Lockyear, told the press, "I think his judgment is a tremendous advance for the cause of a good society, and a society that protects those who are being exploited, especially the sex workers."

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Byborg Invests $22.35M in PLBY Group

Luxembourg-based Byborg Enterprises SA is investing $22.35 million in Playboy parent company PLBY Group.

Show More