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The court continued a stay of effect of a further twelve months on the first provision, and thirty days on the second.
Both parties had up to sixty days to appeal this decision to the Supreme Court of Canada and on April 25, the federal government stated it would do so.
Prostitutes were first driven to the streets, and then denied the one defence, communication, that allowed them to evaluate prospective clients in real time.
OCA at 364 'Prostitution' is not defined in Canadian statute law, but is based on case law which deems that three elements are necessary to establish that prostitution is taking place: (i) provision of sexual services, (ii) the indiscriminate nature of the act (soliciting rather than choosing clients), and (iii) the necessity for some form of payment.
Most amendments to date have dealt with the latter; originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985.
Since the Charter of Rights and Freedoms became law, the constitutionality of Canada's prostitution laws have been challenged on a number of occasions, successfully so in 2013, leading to a new legislative approach introduced in 2014.
The Supreme Court also agreed to hear a cross-appeal by sex-trade workers on the Court of Appeal for Ontario's decision to ban solicitation.
The Supreme Court of Canada heard the case on June 13, 2013 but did not proceed due to a procedural motion by the Attorney General of Canada seeking dismissal on the grounds of lack of standing by the litigants.
Two of the five judges dissented from the last ruling, stating that the law on solicitation was not justifiable.
Following Canadian Confederation in 1867, the laws were consolidated in the Criminal Code in 1892.
These dealt principally with pimping, procuring, operating brothels and soliciting.
The activities related to sex work that are prohibited by law include operating a premises (sexual services establishment or brothel) where such activities take place, being found in such an establishment, procuring for such purposes, and communicating such services (soliciting) in a public place, making it difficult to engage in prostitution without breaking any law.
Automobiles are considered public spaces if they can be seen.