Lawyer Michael Shapray has defended clients in prostitution cases.

He’s represented escort agencies, sex workers charged with communicating in public, and people living off the avails of prostitution.

Those were all under the old laws that were struck down by the Supreme Court of Canada in the landmark Bedford decision of 2013.

So far, Shapray hasn’t had anyone come to him for his services in connection with charges under the new laws related to adult sex work that took effect on December 6, 2014.

“My impression is there’s little, if any enforcement, going on,” Shapray told the Straight in a phone interview today (February 20).

The new legislation makes the purchase of sex illegal for the first time in Canadian history. It also has provisions against communication in certain public places, benefiting from the sex work of another person, and advertising.

Before the new prostitution laws became effective last year, the Vancouver Police Department indicated that there’s not much that’s going to change in the way its officers deal with the sale and purchase of sex.

Based on the VPD’s guidelines, the business of sex between consenting adults is not an enforcement priority.

“I’ve done prostitution-related cases but I don’t think there are any prostitution-related cases right now,” Shapray said.

On December 17 last year, Pivot Legal Society and several organizations wrote B.C. premier Christy Clark and minister of justice and attorney general Suzanne Anton in connection with the new laws.

They sought the creation of guidelines for Crown counsel relating to charge approval and prosecution under the present law known as the Protection of Communities and Exploited Persons Act.

In particular, they suggested that the guidelines state that it is not in the public interest to charge and prosecute people who have allegedly violated the new laws on prostitution.

According to them, the current legislation doesn’t protect sex workers from the same harms they faced as a consequence of the old laws.

Deputy attorney general Richard Fyfe responded in a letter dated January 13, 2015.

Fyfe indicated that when police bring a report recommending prostitution-related charges before Crown counsel, the Criminal Justice Branch will evaluate these using the same standard for other alleged criminal offences.

While the attorney general has supervisory authority over the Criminal Justice Branch, Fyfe stated, the attorney general “cannot…override the legislative intent of Parliament”.

“An Attorney General cannot unilaterally dispense with the application or execution of federal legislation,” Fyfe wrote.

Fyfe indicated that he recognizes that “there are very strong views about this new legislation, and that many believe it does not effectively address, or ameliorate the safety issues that were voiced before the Supreme Court of Canada in Bedford”.

“However, the Attorney General must remain impartial in the enforcement of Parliament’s legislative choices,” Fyfe stated, “and, consistent with the fundamental principles that govern their role as prosecutors in the administration of criminal justice, Crown Counsel will take the same approach.”