I'm confused, is prostitution in Canada legal or not?
I've been looking, but have up till now only gotten mixed messages when it comes to it's legality; just a jumble of legislative actions, court rulings, and public statements all wrapped in a confusing multi-year timeline and many vague/assuming articles in the press.
So... is it? And what are the nuances of it?
Selling your own body for sex is legal. Buying sex is illegal. Therefore the transaction as a whole is legal on the part of the seller and illegal on the part of the buyer.
See Prostitution in Canada and Prostitution law in Canada.
If you think this is odd, you are not alone '... one judge referring to the laws as "Alice-in-Wonderland" and the Chief Justice of the Supreme Court referred to the situation as "bizarre"'.
In the circumstances, although I know of no case law on this, it would appear that any contract for prostitution would be void for illegality. Presumably, to enforce payment for services rendered the service provider would need to pursue a quantum meruit claim in equity.
