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Supreme Court of Canada dismisses Albertans constitutional challenge of sex-work law

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The Supreme Court of Canada has rejected a constitutional challenge of the criminal law on sex work, upholding the convictions of two men who argued its provisions are overly broad.

Mikhail Kloubakov and Hicham Moustaine were convicted of criminal offences in an Alberta court as a result of their employment in 2018 as paid drivers for an escort business.

The men successfully contested the criminal provisions in question on the constitutional grounds that they deprive sex workers of the right to security.

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A judge found the provisions were too broad because they apply to people receiving a material benefit from sex work who may otherwise support the safety of sex workers.

The Crown appealed, arguing the trial judge mistakenly concluded that the provisions violated the Charter of Rights and Freedoms.

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The Alberta Court of Appeal allowed the appeal, entered convictions against Kloubakov and Moustaine and referred the matter for sentencing.

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