Judging Sex Work: Bedford and the Attenuation of Rights

The Supreme Court struck down prohibitions against communicating in public for the purpose of sex work, living on its avails, and working from a bawdy house in Bedford. However, Parliament responded by adopting the "end demand" or "Nordic Model" of sex work regulation, which is widely criticized for failing to ensure sex worker safety. Judging Sex Work argues that the constitutional issue was improperly framed and that the most vulnerable sex workers have a legal defense, so the constitutionality of the sex work laws should be assessed by their application to those who choose sex work. This approach leads to the former restrictions on sex work being constitutional but also forces litigants to consider whether sex work can be rationalized as a criminal matter.

Format: Paperback / softback
Length: 304 pages
Publication date: 22 January 2024
Publisher: University of British Columbia Press

In Bedford, the Supreme Court struck down prohibitions against communicating in public for the purpose of sex work, living on its avails, and working from a bawdy house. However, its narrow constitutional reasoning allowed Parliament to respond by adopting the "end demand" or "Nordic Model" of sex work regulation, an approach widely criticized for failing to ensure sex worker safety.

Judging Sex Work takes stock of the Bedford decision, arguing that the constitutional issue was improperly framed. Because the most vulnerable sex workers have no realistic choice but to commit the impugned offences, they already possess a legal defence. The constitutionality of the sex work laws should therefore have been assessed by their application to those who choose sex work, an approach that militates in favour of upholding these laws based on current jurisprudence. While this approach leads to the former restrictions on sex work being constitutional, it also has the salutary effect of forcing litigants to consider a more pressing question: Can sex work be rationalized as a criminal matter at all?

The Nordic Model of sex work regulation, adopted by Parliament in response to the Bedford decision, is widely criticized for failing to ensure sex worker safety. The model focuses on criminalizing the purchase of sex but does not address the underlying issues that contribute to sex work, such as poverty, discrimination, and violence. This approach has led to increased stigma and discrimination against sex workers, making it difficult for them to access basic rights and protections, such as health care, legal support, and social services.

Furthermore, the Nordic Model has failed to address the root causes of sex work, such as gender inequality and the demand for sex work. Instead, it has criminalized sex work and pushed it underground, making it more dangerous and difficult to regulate. This has led to an increase in the exploitation and abuse of sex workers, who are often subjected to violence, coercion, and human trafficking.

In conclusion, the Supreme Court's decision in Bedford and the adoption of the Nordic Model of sex work regulation have had significant consequences for sex workers' rights and safety. While the decision may have been constitutional in narrow terms, it has failed to address the underlying issues that contribute to sex work and has led to increased stigma, discrimination, and violence against sex workers. It is essential to consider alternative approaches to sex work regulation that prioritize the safety and well-being of sex workers and address the root causes of sex work.

Dimension: 216 x 140 (mm)
ISBN-13: 9780774869775