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They delayed the enforcement of their decision for one year—also applicable to the Ontario sections—to give the government a chance to write new laws. That's why you must bring sex workers to the table in a meaningful way." The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution in Canada in addition to interpretative case law.Following the announcement of the decision, Valerie Scott stated in the media that, regardless of the decision, sex workers must be involved in the process of constructing the new legislation: "The thing here is politicians, though they may know us as clients, they do not understand how sex work works. Other legal proceedings have dealt with ultra vires issues (whether a jurisdiction, such as a Provincial Government or municipality, has the powers to legislate on the matter). 1123 is a decision of the Supreme Court of Canada on the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms, and on prostitution.Most amendments to date have dealt with the latter; originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985.

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Current laws on prostitution in Canada, introduced in 2014, make it illegal to purchase sexual services but legal to sell them.

The court also granted the motion to stay the Ontario Court of Appeal decision until judgement is passed, meaning that the Criminal Code sections at stake were still in force in Ontario.

Chief Justice Beverley Mc Lachlan wrote: These appeals and the cross-appeal are not about whether prostitution should be legal or not.

Before the provisions were struck down, the Criminal Code made the following unlawful: The activities related to sex work that are prohibited by law include operating a premises (sexual services establishment or brothel) where such activities take place, being found in such an establishment, procuring for such purposes, and communicating such services (soliciting) in a public place, making it difficult to engage in prostitution without breaking any law.