The Bedford decision released last Friday has already resulted in a great volume of commentary. This (long) post aims to break down the ruling to facilitate further discussion. I also wish to highlight some points of concerns about the unanimous decision that seem important to any feminist conversation on the topic. They center on the question of whether prostitution is a real choice and the realities of indigenous women and women of colour in the sex trade.
Three articles down. Right to security up.
The decision declares three articles of the Criminal Code to be invalid because inconsistent with the Canadian Charter of Rights and Freedoms. They are sections 210, 212(1)j) and 213(1)c) of the Criminal Code.
Specifically, the articles are said to be contrary to section 7 of the charter, which guarantees the right to security – a “fundamental freedom”- to every person.
The arguments brought by the applicants (Terri Jean Bedford et al.) are centred around the idea that the current laws violate the charter by preventing prostitutes from implementing safety measures (hiring body guards, for example) that could protect them from violent clients. The Supreme Court of Canada agreed with this argument.
It is important to mention here that the court has to answer the arguments brought by the applicants. The judges cannot get creative; they cannot decide to consider other arguments and ignore those submitted in front of them. This is why the decision is centered around the safety measures that prostitutes could set up to increase their own security.
The court started its decision by repeating that prostitution is not illegal in Canada. The act of exchanging sex for money is not a criminal infraction. Therefore, the ruling only considers if the current criminal legislation related to prostitution – which are sections 210, 212(1)j) and 213(1)c) of the Criminal Code - violate the charter. I’ll consider the content of those articles and highlight the crux of the court’s arguments for each. Read more