The accused operated an escort service employing adult women and were charged with receiving material benefits from sexual services, procuring, and advertising sexual services.
The accused challenged the constitutionality of Criminal Code sections 286.2, 286.3, and 286.4 under the Canadian Charter of Rights and Freedoms.
The court found that all three provisions violated the Charter and were not justified under section 1.
The court determined that the provisions were arbitrary, overbroad, and grossly disproportionate in their effects on the liberty and security of the person, particularly as they prevented sex workers from accessing safety-enhancing measures and third-party support services.
