OTTAWA, November 18, 2010 (LifeSiteNews.com) – Failure to stay a recent ruling that struck down Canada’s prostitution laws could result in Ontario attracting prostitutes from all over the country, the Canadian federal government warned this week.

The government’s Justice Department issued the warning in a legal brief submitted to the Ontario Court of Appeal in support of the federal government’s appeal of Justice Susan Himel’s Ontario Superior Court decision.

In September, Justice Himel ruled that Canada’s provisions on prostitution violated women’s Charter rights to freedom of expression and security of the person, and that Criminal Code prohibitions on communicating for the purpose of prostitution, keeping a common bawdy house, and living on the avails of prostitution were unconstitutional.

The Justice Department factum states that Himel’s ruling will cause “irreparable harms to the public interest,” and that allowing prostitutes to operate legally in Ontario “will likely encourage the movement of prostitutes to Ontario from other jurisdictions.”

The legal brief points out that more prostitution in the province would also result in increased drug trafficking, violence, and the degradation of communities.

Six supporting affidavits from police and community activists were filed with the brief, stating concern over the creation of legal red light districts where prostitutes’ lives would be in danger and that authorities would be powerless to protect residents in these neighborhoods.

The Justice Department argues that the ruling of “one single judge of one single superior court” will create “profound and immediate consequences upon communities, neighborhoods and women engaged in prostitution in this province, while generating legal uncertainty across Canada.”

Furthermore, “failure to grant a stay would create distinctions in the operation of the Criminal Code between Ontario and the rest of Canada,” said the Justice Department brief.

Gwendolyn Landolt, National Vice President of REAL Women of Canada, noted that an appointed non-answerable judge has handed down a decision on a national social policy that would never be passed by an elected Parliament.

“This sets a dangerous precedent that lower courts can usurp the role of Parliament and ignore Supreme Court of Canada rulings,” Landolt told LifeSiteNews.

In 1990 the Supreme Court of Canada ruled that prostitution laws are constitutional and that infringements on individual rights are justified because of the social problems associated with prostitution.

Landolt noted that Justice Himel’s “narrow focus on harm to individuals as opposed to harm to society,” was absurd.

“To declare prostitution and all its accompanying activities as a legal right and activity protected by the Charter of Right’s section 7 (security of persons) is an absurdity,” Landolt concluded.

The Ontario Court of Appeal has not yet set a date to hear the federal appeal.

See previous LSN coverage:

Canadian Laws Restricting Prostitution ‘Unconstitutional’: Ontario Court
https://www.lifesitenews.com/ldn/2010/sep/10092905.html

Canadian Gvmt to Appeal Prostitution Ruling
https://www.lifesitenews.com/ldn/2010/sep/10093003.html

Pro-Family Groups Oppose Canadian Prostitution Ruling
https://www.lifesitenews.com/ldn/2010/sep/10093004.html

BC Court Allows Challenge against Prostitution Laws
https://www.lifesitenews.com/ldn/2010/oct/10101302.html