New prostitution legislation a victory for Canadians
October 26, 2025 11:02 AM
Earlier this month, a judge in Ontario struck down three laws relating to prostitution, ruling them unconstitutional. This was absolutely and unconditionally a victory for supporters of women’s rights and human rights.
To be clear, the judge did not legalize prostitution, a relatively common misconception, judging by the media coverage this event has received. Technically, prostitution has been legal in Canada for a long time.
The actual transaction of prostitution, in the eyes of the law, was and is A-okay. What was deemed criminal, completely inexplicably, was doing so out of a secure business location, known in the Criminal Code and…the Wild West…as a ‘common bawdy house.’
Also illegal is negotiating financial and logistical terms ahead of time, or in public, something every other profession allows, and with reason usually strongly recommends.
Canadian law as it stood created a sex trade economy where (mostly) women were placed in incredibly dangerous situations in the process of carrying out a legal transaction. In her ruling, Judge Susan Himel wrote that “the danger faced by prostitutes [under the current laws] greatly outweighs any harm which may be faced by the public,” if the laws were struck down.
This should be so obvious. The value of protecting women from men who would beat them, rob them, or rape them, (do I need to invoke the name Robert Pickton for anyone?) because they are denied the safe and secure work environment guaranteed by the Constitution, is so much greater than that of protecting the Canadian public from the horrors of organized, stable, secure locations for sex trade workers to work out of.
This is not to say that there are not still very serious issues that seem to overlap with the sex trade. Human trafficking, substance abuse, domestic violence and homelessness, unfortunately, exist in our society.
Human trafficking is and will forever remain illegal, with persistent police efforts to track down traffickers regardless of perceived ties to prostitution.
Likewise, substance abuse and other social problems are problems in their own right that deserve time and funding from government and individuals regardless of perceived ties to prostitution.
Programs can and should be set up to support people from all professions and walks of life with addictions, abuse, and homelessness, and help them make changes in their lives.
Equating any or all of these problems with prostitution is often the go-to excuse among those who argue against the decriminalization of prostitution. However, this line of argument is disingenuous, unhelpful, and clouds the real issue in this case, which is the safety and security of human beings, pure and simple.
Judge Himel showed her commitment to justice by considering this issue with the gravity and seriousness that it deserves, and she worked for a full year to reach this groundbreaking decision.
She reached the right one, by emphasizing the right of every worker, no matter their profession, to have a safe and secure work environment.