The number of charges for prostitution-related offences in Toronto courts has dropped by 90 per cent over a five-year period, as the constitutional challenge against Canada’s prostitution laws wound its way to the country’s highest court.

An analysis of statistics published by the Ministry of the Attorney General shows Toronto courts received 1,088 charges related to prostitution in 2006.

In 2011, the number of charges was a tenth of that, just 110.

Toronto police spokesperson Victor Kwong said no one was available to comment during the New Year’s holiday.

In December, the Supreme Court of Canada struck down laws that made it illegal to communicate for the purpose of prostitution, run a brothel or live off the avails of prostitution. Prostitution is not illegal under Canada’s Criminal Code.

The court ruled, in a unanimous decision, that the laws infringed on the constitutional rights of sex workers, imposing risky conditions on a legal activity.

Alan Young, the lawyer who argued the case, said there are several possible explanations for the drop in charges.

Prostitution-related offences have been low priority for enforcement, usually only brought on by complaints, said Young.

“It was always odd doing the case, because the government kept asserting that when the laws were invalidated, there would be some sort of chaos that would ensue,” said Young. “And my position was, we’re charging so little, the community wouldn’t notice much difference.”

Young also pointed to the 2010 ruling in Ontario’s Superior Court that struck down prostitution laws, though it was suspended as the government appealed.

In a 2012 decision, Ontario’s Appeal Court affirmed the lower court’s decision to quash the ban on brothels, but upheld the law on soliciting for the purposes of selling sex.

It ruled the law dealing with living on the avails should be amended so it would still apply “in circumstances of exploitation.”

“It puts the police in a very awkward position because even though technically they’re allowed to charge, it seems somewhat anomalous to proceed with a prosecution for an offence that’s in limbo,” said Young.

“If you’re in that kind of limbo, there’s a disincentive to lay the charge in the first place because you’re just kind of clogging up the system.”

The number of charges was already on the decline. From 2001 to 2006, charges dropped 21 per cent, from 1,382 to 1,088.

Ontario’s Ministry of the Attorney General referred the Star to Statistics Canada’s data on incidents of prostitution-related offences in Toronto, which reflect a similar drop.

According to Statistics Canada, there were 988 incidents of prostitution-related offences in the Toronto Census Metropolitan Area in 2001, 825 in 2006 and just 86 in 2011. Statistics Canada’s definition includes living off the avails, procuring, bawdy house, underage offences and “other.”

Chanelle Gallant, spokesperson for Maggie’s: The Toronto Sex Workers Action Project, said a drop in charges isn’t reflected in what she hears from sex workers on the street.

“I’m quite shocked about that,” said Gallant, whose organization supports Toronto sex workers and has fought for decriminalization for 26 years.

Street-based sex workers still experience widespread profiling and harassment from police, said Gallant.

“I’m wondering if another explanation for it could be a reduction in the number of charges but not a reduction in the amount of contact with law enforcement,” said Gallant. “We’re still seeing that there’s a harmful impact of law enforcement on street workers.”

That interaction, advocates argue, stops sex workers from taking preventative safety measures such as working in a group, hiring a driver, or working in a “bawdy house.” And a sex worker who is abused, robbed or otherwise harmed rarely reports it to police.

“For the most marginalized sex workers, law enforcement is a source of danger and not a source of protection, and never has been,” said Gallant. “Anybody who is a predator knows that they have quite a bit of licence with a sex worker, because sex workers can’t access protection.”

The federal government has a year to redraft the laws on prostitution if it chooses to do so.

Prostitution-related charges by the numbers:

2011, by court

Old City Hall: 54

College Park: 12

2201 Finch Ave. W.: 24

1911 Eglinton Ave. E.: 16

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1000 Finch Ave.: 3

311 Jarvis St.: 1

TOTAL: 110

2006

Old City Hall: 356

College Park: 336

2201 Finch Ave. W.: 164

1911 Eglinton Ave. E.: 121

1000 Finch Ave.: 105

311 Jarvis St.: 6

TOTAL: 1,088

2001

Old City Hall: 452

College Park: 470

2201 Finch Ave. W.: 125

1911 Eglinton Ave. E.: 105

1000 Finch Ave.: 212

311 Jarvis St.: 18

TOTAL: 1,382