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The legal regulation of prostitution in Canada has historically been guided by moral regulation. According to classical liberals such as J.S. Mill, criminalization on moral grounds alone is insufficient and unjustifiable. The social construction of prostitution as deviant and therefore criminal has exhibited such a moralistic approach and has resulted in a set of laws governing prostitution that, although they are not clear in what they are trying to accomplish (full legalization or criminalization), they have socially and legally marginalized sex workers. Given the harm that Canada's prostitution laws contribute to, a new approach is warranted. A recent Supreme Court of Canada case dealing with a 'swingers' club operator being charged under the bawdy-house law, R. v. Labaye, provides an ideal opportunity to rethink prostitution regulation and break the cycle of victimization and deprivation of individual liberty. The majority's reasoning in Labaye was implicitly guided by Mill's harm principle which states that it is more prudent to criminalize toward a goal of preventing tangible harm to others than to regulate on the basis of morality or legal paternalism. A harm-reduction solution can then be utilized to ameliorate the difficulties in trying to legally suppress something that remains in great demand. In so doing, an issue of public importance can be addressed with a clear, 'amoral' and principled approachsomething that is necessary to end both the harms flowing from the current law and also the hypocrisy displayed by a Conservative government unwilling to undertake the challenge of legal reform in this area.

There is no sex in the champagne room(?): critically reconsidering Canada's de facto prostitution prohibition after R. v. Labaye