Laws criminalizing prostitution in Ontario will remain in place. At least until April 29, 2011.

Justice Marc Rosenberg released his ruling this morning, saying he will extend the stay on a landmark decision made by a Toronto judge this fall that would have allowed sex workers to hire bodyguards and communicate freely to sell services.

Rosenberg granted the “brief stay,” giving the government time to make their appeals.

Lawyer Alan Young, who represents dominatrix Terri Jean Bedford, said the judge was concerned with the lack of laws to regulate the industry.

“It's business as usual for the government, which basically means a bad law will continue to be enforced,” he added.

These regulations would have to come from Parliament, the legislatures, municipal governments and social agencies.

Last week, lawyers from Ottawa and Queen’s Park pleaded with the Ontario Court of Appeal to extend the stay.

At the end of September, Ontario Superior Court Justice Susan Himel struck down three of Ontario’s prostitution laws, saying provisions meant to protect women are violating their rights and “contributing to the danger faced by prostitutes.”

Technically, prostitution is legal in Canada, but much of what would allow a woman to practice her trade – living off the avails of prostitution, running a bawdy house and communicating to sell sex services – is illegal.

Her ruling will likely wind its way up to the Supreme Court.

In court last week, Young argued that continuing the stay would be turning a blind eye to violence against sex workers.

The provincial and federal governments, who teamed up to oppose Himel’s 131-page ruling, argued a “legislative void” could lead to a litany of scenarios.

Federal government lawyer Michael Morris said that if no stay was granted, Canada would be plunged into a “social experiment unprecedented in this country.”

“It will profoundly and irreversibly alter the status quo,” he said.

In the absence of any legislation to regulate the industry, Morris argued prostitution would increase in Ontario. Brothels could spring up and “strip clubs would expand their menus.”

In his ruling, Rosenberg called some of the government’s arguments “less than compelling.”

Right now, police are still enforcing the laws. But what about cases before the courts?

In a statement, Justice Minister Rob Nicholson said the challenged Criminal Code provisions will remain in effect until the stay is up or an appeal is heard.

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“It is the position of the Government of Canada that these provisions are constitutionally sound,” said Nicholson, adding that the provisions “denounce and deter the most harmful and public aspects of prostitution.”

“Here’s what’s sort of strange,” said Young. “The law is still enforced but I don’t believe any of these cases, dealing with the laws that have been struck down, will proceed (in the courts).”

“In theory, you could have a trial and be convicted. But what if those laws are then found to be constitutionally invalid?” he added.

Avoiding this limbo is one of the reasons why Young has called for the appeal process to be expedited. As a lawyer, he said, he would argue that any case dealing with the three laws currently before the courts should be adjourned until appeals have been heard.

Outside the court Thursday Bedford addressed Prime Minister Stephen Harper.

“The prime minister is hiding behind the courts. He should come out and fight like a man. His silence means that he is not concerned about the violence against women.”

On a tour of an infrastructure project in Mississauga earlier today, Prime Minister Harper responded to Bedford’s remarks.

“I have never been called upon to respond to a dominatrix before.”

“Just so we’re absolutely clear on this. I don’t know who this individual is,” the Prime Minister said of Bedford. “I am sure I have never met her.”

Harper called the sex trade “bad for society.”

“That’s a strong view held by our government and I think by most Canadians.”

With files from Linda Diebel