Prostitution Reference
Encyclopedia
Reference re ss. 193 & 195.1(1)(c) of Criminal Code (Canada), (the Prostitution Reference), [1990] 1 S.C.R. 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 in Canada
. The Court held that the criminal code provision that prohibited communication for the purpose of engaging in prostitution was in violation of the right to freedom of expression however it could be justified under section 1
of the Charter and so it was upheld.
The majority on a 5:2 split, with both women dissenting, found that the purpose of eliminating prostitution was a valid goal and that the provision was rationally connected and proportional to that goal. Accordingly, the provision was upheld.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the right to freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, and on prostitution in Canada
Prostitution in Canada
In Canada, the buying and selling of sexual services are not illegal, but most surrounding activities, such as public communication for the purpose of prostitution, brothels and procuring are outlawed....
. The Court held that the criminal code provision that prohibited communication for the purpose of engaging in prostitution was in violation of the right to freedom of expression however it could be justified under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Charter and so it was upheld.
The majority on a 5:2 split, with both women dissenting, found that the purpose of eliminating prostitution was a valid goal and that the provision was rationally connected and proportional to that goal. Accordingly, the provision was upheld.