The Crown appealed the respondent's acquittals on charges relating to the sale of sexual services.
The application judge had struck down sections 286.2 (material benefit), 286.3 (procuring), and 286.4 (advertising) of the Criminal Code, enacted by the Protection of Communities and Exploited Persons Act, finding they infringed section 7 of the Charter.
The Court of Appeal allowed the appeal, holding that the provisions do not violate section 7.
The Court found that cooperative arrangements among sex workers do not constitute a 'commercial enterprise' under the material benefit provision, and that the procuring and advertising provisions are neither overbroad nor grossly disproportionate to their objectives.
The Court also rejected arguments that the provisions unjustifiably infringed sections 2(b) and 2(d) of the Charter.
The acquittals were set aside and a new trial was ordered.
