88) The SCC found that the object of the Bawdy-House
Offence was "to prevent community harms in the nature of nuisance" (89) or to "combat neighbourhood disruption or disorder and to safeguard public health and safety.
was any "place" that is "kept or occupied" or "resorted to" for the purpose of acts of prostitution, including the prostitution of one sex worker.
provisions forced sex workers to engage in "out-call work" rather than working from an "indoor location" (41) where they were better able to ensure their own safety.
113) In the Prostitution Reference, the constitutional challenge failed: although the common bawdy-house
and communication provisions had been found to infringe the right to liberty under section 7, the infringements were in accordance with the principles of fundamental justice.
The Supreme Court upheld the constitutionality of both the bawdy-house
and communicating provisions of the Criminal Code in the 1990 Prostitution Reference.
With respect to the bawdy-house
provisions (aimed at nuisance, public health and safety), there is some real connection of the facts to the objective, and so the provisions are not arbitrary.
Though male bawdy-house
patrons resisted such a concept, and struck out against those attempting to arrest them, they were also complicit, to some extent.
Stephen Petronio, for example, once cavorted in bawdy-house
corsets and now sees gender issues in more universal terms.
Similarly, `Leake' in the quoted passage seems to allude to Mrs Leak who kept a bawdy-house
in Shoreditch which was attacked in 1612.
owner Terri Jean Bedford and two sex-worker colleagues want laws against prostitution declared unconstitutional because the laws violate their Charter rights to security and liberty, guaranteed under Section 7 of the Charter of Rights and Freedoms.
Under subsection 197(1) of the Criminal Code, a "common bawdy-house
means a place that is
It started after three sailors were robbed in a bawdy-house
, called the Crown Tavern.