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While the act of exchanging sex for money has been legal for most of Canada's history, the prohibition of the activities surrounding the sex trade has made it difficult to practice prostitution without breaking any law. The first recorded laws dealing with prostitution were in Nova Scotia in 1759.

Following Canadian Confederation in 1867, the laws were consolidated in the Criminal Code in 1892.

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The ruling gave the Canadian parliament 12 months to rewrite the prostitution laws with a stay of effect so that the current laws remain in force.

There is an ideological disagreement between those who want to see prostitution eliminated (prohibitionism), generally because they view it either as an exploitative or unacceptable part of society, and those advocating decriminalisation because they view prostitution as a transaction between consenting adults or they believe prohibition encourages the exploitation of sex workers by denying them legal and regulatory protections.

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Founded in 1986, Egale Canada was incorporated as a federal not-for-profit organization in 1995, with a focus on education, advocacy, litigation and expert consultation. Egale successfully lobbied for the introduction and passage of Bill C-23, which amended 68 federal statutes to provide same-sex couples with the same legal status as that of opposite-sex married couples.

The organization was initially named "Equality for Gays and Lesbians Everywhere". They also supported union activities and lobbied the federal government in support of equal employment benefits to those in same-sex relationships; coordinated coalitions of equality groups in cases on same-sex pension benefits and equal funeral leave for same-sex families.

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