TORONTO – Ontario Premier Kathleen Wynne says she is concerned the country’s new prostitution law fails to make sex workers safer, and is seeking advice on whether it is in line with the Charter.
Wynne says she has asked the province’s attorney general to advise her on the legislation’s “constitutional validity” in light of the Supreme Court of Canada ruling quashing the old law.
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In her statement Sunday Wynne says she has also asked to be given “options” in case the law’s Charter compatibility is questioned, but adds the province will still enforce it.
The new law took effect Saturday and more than 60 organizations and agencies from across the country are calling for its non-enforcement and repeal.
Those groups voiced concern the new law will continue to leave sex workers at risk as under the old system – a sentiment Wynne also expressed.
It’s the latest flare-up between Wynne and the government of Prime Minister Stephen Harper, who Wynne has said is refusing to meet to discuss issues of importance to the province.
The sweeping new changes to the way prostitution is regulated in Canada follow the Supreme Court decision last year that found the old laws violated the rights of prostitutes.
The new rules criminalize the purchase of sex as well as things like advertising or other forms of communication related to its sale, while providing some legal immunity for sex workers themselves.
“I have listened to the debate that has taken place over the last year, and particularly since the introduction of Bill C-36. And I am left with grave concern that the so-called Protection of Communities and Exploited Persons Act will protect neither ‘exploited persons’ nor ‘communities,”‘ Wynne’s statement reads.
“I am not an expert, and I am not a lawyer, but as premier of this province, I am concerned that this legislation (now the law of the land) will not make sex workers safer,” she adds.
“We must enforce duly enacted legislation, but I believe that we must also take steps to satisfy ourselves that, in doing so, we are upholding the constitution and the Charter.”
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