The stated legislative objectives of the prostitution laws that the Canadian Supreme Court recently struck down in Bedford v. Canada were the prevention of public nuisances and the exploitation of prostitutes. However, upon closer examination of the history of these laws, their real objectives become transparent. Canada’s anti-prostitution laws were really there to protect society’s whiteness/maleness. As such, these laws were disproportionately applied to racialized and indigenized bodies. Thus, to understand what the Bedford decision means for Indigenous sex workers is to understand the essence of colonialism and the history of Canada’s anti-prostitution laws.

On December 20, 2013, Canada’s Supreme Court found the following laws relating to prostitution unconstitutional:

• the bawdy house offense, (which prohibits keeping and being an inmate of or found in a bawdy house);
• the living on the avails offense (which prohibits living in whole or in part on the earnings of prostitutes); and
• the communicating offense (which prohibits communicating in a public place for the purpose of engaging in prostitution or obtaining the sexual services of a prostitute). ¹

Black Marxist scholar Frantz Fanon best defines colonialism in his seminal work Wretched of the Earth. Fanon writes that  “[t]he colonized world is a world divided in two” and that colonialism “is the entire conquest of land and people.” In other words, colonialism is the complete domination and exploitation of Indigenous lands, bodies and identities (and not the fun kind of domination). When colonialism is incorporated into this discussion, the racial undertones within the laws, their application, and objectives are revealed.