Moreover, removal of the bawdyhouse provisions would likely change the nature of the services offered in these establishments, the locations where municipally regulated sexual services are offered (i.
A conclusion by a higher court that the bawdyhouse and communication provisions do not violate these principles would not necessarily establish the same conclusion with respect to a particular municipal law.
As noted in the introduction, Justice Himel determined that the living on the avails provision, the bawdyhouse provisions and the general communication provision violate section 7 of the Charter and could not be saved under section 1.
Justice Himel found that both the bawdyhouse laws and the general communication provision deprive sex workers of their security of the person and liberty interests, and that they do so in a manner that is not consistent with the principles of fundamental justice.
48) The conclusion in Bedford that the effects of the bawdyhouse laws and the general communication prohibition are grossly disproportionate turns on Justice Himel's finding regarding the legislative objectives underpinning these provisions.
The safety, dignity and integrity of women (and men) who exchange sex for money was not the legislative objective underpinning the enactment of either the bawdyhouse provisions or the provisions aimed at criminalizing street-based sex work.
In fact, the three major reports on prostitution commissioned by the federal government of Canada in the last twenty years; (53) the Supreme Court of Canada's opinion in Reference re Prostitution; the Ontario Superior Court of Justice decision in Bedford; the anecdotal evidence of sex workers and police regarding the complaint driven nature of the enforcement of these laws; (54) and the vastly discrepant rates of enforcement and prosecution between the communications provisions and the bawdyhouse provisions, (55) all unequivocally support what activists, historians and other scholars have asserted for decades: these laws have never been about the protection of vulnerable sex workers.
Similar objectives motivated the enactment of the bawdyhouse laws.
A common bawdyhouse is defined under section 197 of the Criminal Code as a place kept or occupied for the purposes of acts of indecency or prostitution.
With the recent Ontario trial decision determining that the Criminal Code provisions prohibiting bawdyhouses, communication in public for the purposes of prostitution, and living on the avails of prostitution violate the Charter of Rights and Freedoms, (1) lack of clarity, at least in the short term, is likely to increase.
11] The fierce antagonism of the Bawdyhouse rioters toward the mercenary sexual performances of London prostitutes and the growing tension between this class of adolescent males and the theatre were each, I think, the product of a failure of traditional patriarchal ideologies of gender to keep pace with the radical acceleration of wage labor.
To sell the performance of a woman on the Renaissance stage--given the economic co-dependence of theatre and prostitution the Puritans so perceptively exploited--would have completely eroded the distinction between the theatre and the bawdyhouse.
Turner, for example, reads the Bawdyhouse Riots as the product of the apprentices longstanding tradition of "carnivalesque insurrection" and "folkloric unrest" which converged with "low libertine" pornography to produce a "massive and destructive charivari against the houses of established whores which threatened to engulf the great bawdy-house at Whitehall" (164-5).