OTTAWA, Canada?An Ontario court on Tuesday effectively decriminalized prostitution in Canada by striking down key provisions of an anti-prostitution law it said endangered sex workers.

The Ontario Superior Court declared unconstitutional portions of the act banning brothels and soliciting, lifting key barriers to prostitution. One sex worker said the ruling means "emancipation" for the industry.

The ruling, which the federal government said it would likely to appeal, affects only the province of Ontario for now, but if upheld on appeal, could halt enforcement of anti-prostitution laws across Canada.

Three Toronto women launched the legal challenge in October 2009, arguing that prohibiting solicitation endangers prostitutes by forcing them to seek customers on street corners.

They called for decriminalizing prostitution and for the right to open brothels to provide a safer environment for prostitutes.

The court agreed.

"By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance," Superior Court Judge Susan Himel said in the decision.

"I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."

Alan Young, a lawyer representing the plaintiffs, told a press conference the case was "all about protecting the security and safety of people who work in the sex trade, regardless of what you think of sex workers and what you think of the moral values of the work."

"It's a great day for Canada," said plaintiff Terri-Jean Bedford, who was jailed in the 1990s for operating a brothel in Toronto. "It's like emancipation day for sex-trade workers."

Christian organizations that intervened in the case to oppose decriminalization of prostitution, however, lamented the court's decision as "unfortunate."

"Although it purposes to fulfill a noble goal, that of providing greater protection for the vulnerable, it in fact has the potential to create a system that undermines the security of all Canadians," said Ruth Ross, executive director of the Christian Legal Fellowship.

"Moreover, the decision reinforces the notion that sex is not an intimate and loving act but instead a commodity that can be bought and sold at will."

Valerie Scott, another co-plaintiff along with Amy Lebovitch, told residents and business owners concerned that the decision may boost the sex trade in Canada to not be afraid.

"We are not aliens. We are ordinary people and now we have rights," she said.
Thanks to the ruling, sex trade workers "can now pick up the phone and call the police and report a bad client. This means that we no longer have to be afraid," Scott added.

"We can set up guilds and associations and we can set up occupational and health standards, workman's compensation (and pay) income taxes."

The Ontario Crown said it would review the decision "carefully and quickly" and consult with federal colleagues about a "potential appeal."

Canada's Justice Minister Rob Nicholson said "the government is very concerned about the Superior Court's decision and is seriously considering an appeal."

"We will fight to ensure that the criminal law continues to address the significant harms that flow from prostitution to both communities and the prostitutes themselves, along with other vulnerable persons," he added.

Judge Himel stressed in the ruling that sections of the law that prohibit child prostitution, impeding pedestrian or vehicular traffic and procuring still apply.

The ruling is being suspended for 30 days to allow for an appeal to be heard.