Prostitution Reference

Reference re ss. 193 & 195.1(1)(c) of Criminal Code (Canada), (the Prostitution Reference), [1990] 1 S.C.R. 1123 is a decision of the Supreme Court of Canada on the right to freedom of expression under section 2(b) of the "Canadian Charter of Rights and Freedoms", and on prostitution in Canada. Manitoba's Appeal Court had ruled the legislation violated the guarantee of freedom of expression in the Charter of Rights and Freedoms, by constraining communication in relation to legal activity (R. v. Skinner (1987), 35 C.C.C. (3d) 203). The case was referred to the Supreme court. 
The Supreme Court held that the criminal code provision that prohibited communication for the purpose of engaging in prostitution was in violation of the right to freedom of expression; however, it could be justified under section 1 of the "Charter" and so it was upheld.
The majority on a 5:2 split, with both women dissenting, found that the purpose of eliminating prostitution was a valid goal and that the provision was rationally connected and proportional to that goal. Accordingly, the provision was upheld.
The justification was set out in three stages:
The decision was later upheld in Canada (AG) v Bedford.