The applicants, including several current and former sex workers and a sex worker advocacy organization, brought a constitutional challenge against several provisions of the Protection of Communities and Exploited Persons Act (PCEPA), which criminalized the purchase of sexual services and related activities.
The applicants argued that the provisions violated sections 7, 2(b), 2(d), and 15 of the Charter by replicating the harms of the previous prostitution laws struck down in Bedford.
The Superior Court of Justice dismissed the application, finding that the provisions did not violate sections 7, 2(d), or 15 of the Charter.
While the Attorney General conceded that certain provisions violated section 2(b) freedom of expression, the court found these limits were demonstrably justified under section 1 of the Charter as a proportionate response to the pressing and substantial objective of reducing the demand for sex work and protecting vulnerable persons from exploitation.
