The issue of sex work is a deeply moral issue. Sex is complicated and eternally wrapped up in morality and personal value systems. The power of sex has translated into intense morality debates around the profession of sex work. The judge in Canada clearly began to distinguish morality from legal responsibility while considering this case, as she was quoted in the National Post as saying,
She did find that the Charter violated rights of citizen sex workers, specifically the section of the Criminal Code that she foundIt is important to state at the outset what this case
is not about: The court has not been called upon to decide whether or not there
is a constitutional right to sell sex or to decide which policy model regarding
prostitution is better,” Judge Himel said. “Rather, it is the court’s task to
decide the merits of this particular legal challenge, which is whether certain
provisions of the Criminal Code are in violation of the Charter.
force[d] prostitutes to choose between their liberty interest and their right to
security of the person