The EFC and ARPA Canada (the Association for Reformed Political Action) were granted co-intervener status before the Supreme Court of Canada in a case titled Mikhail Kloubakov, et al. v. His Majesty the King (the Kloubakov case).
In 2021, two men, Mikhail Kloubakov and Hicham Moustaine, worked for a Quebec-based escort agency run by convicted traffickers. They were convicted of financially benefiting from prostitution and procuring women into prostitution. In this case, the men are challenging the constitutionality of these laws.
The EFC and ARPA have submitted legal arguments (factum) in support of the prostitution laws (PCEPA). In enacting PCEPA, Parliament determined that purchasing sexual services is exploitative in and of itself. Our factum argues that the current laws protect human dignity and equality. These laws against benefiting from the sale of someone else’s sexual services and procuring a person for prostitution must be interpreted in relation to PCEPA’s overall objectives, which seek to reduce the demand for prostitution and ultimately abolish it to the greatest extent possible. This protects individuals and communities from the range of harms associated with prostitution.
The case was heard by the Supreme Court in November 2024. The Supreme Court reserved judgement. Decisions are rendered on average six months after a hearing.
Related Resources:
- Read the EFC and ARPA’s legal arguments (factum)
- EFC’s 2022 submission to Standing Committee on Justice on the review of the Protection of Communities and Exploited Persons Act (PCEPA)
- EFC’s backgrounder on Canada’s prostitution laws and the government's 2022 review of them
- A recent blog post on EFC's engagement with the report on prostitution by the Special Rapporteur on violence against women and girls
Supreme Court of Canada image © Pgiam (from Getty Images Signature) via Canva.com