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The Court also concluded that the living on the avails offence went further than it needed to in order to address its legislative objective of preventing the exploitation of prostitutes and was, therefore, overbroad.
The offences were therefore contrary to the principles of fundamental justice.
More specifically, the Court found: Throughout its analysis, the Court emphasized that the offences were directed at addressing the public nuisances and community health and safety issues caused by street prostitution and brothels, as well as the “parasitic exploitation” of prostitutes by pimps.
The Court specifically found that the prohibitions were not directed at deterring prostitution more generally.
Finally, the Court said that the Government had not presented evidence to justify the section 7 violations as reasonable limits demonstrably justified in a free and democratic society under section 1 of the Charter.