Canada’s highest court has upheld the country’s prostitution laws once again, this time as it relates to a mandatory minimum 6 months imprisonment for obtaining sexual services from a child. In 2018, Mario Denis was found guilty of seeking sexual services from a child when he responded to fake ads posted by police. He appealed the decision, and the Quebec Court of Appeal agreed with him that the sentence was unconstitutional.
In a 7-2 decision, the Supreme Court of Canada has now overturned the lower court’s decision. As Justice Suzanne Côté and Justice Michelle O’Bonsawin explained on behalf of the majority opinion:
“There is no doubt that the sexual commodification of children is a veritable scourge in Canada, one that the state has every interest in suppressing and severely punishing.”
Canada’s prostitution law, passed by the Harper government in 2014, was a radical shift to how the country dealt with prostitution, targeting pimps and johns rather than the children and women who are being prostituted. It has been challenged in court repeatedly, and upheld by the highest court. Lawyer Andre Schutten, on behalf of the Acacia Group, noted with thankfulness that,
“The heartening language adopted by the court in this decision echoes arguments made by legal advocates for the vulnerable on this issue, and it will have a positive effect. So, while we might not win every case, it certainly is worth showing up and patiently labouring for the cause of justice.”