Canada’s looming debate on prostitution laws

How should Parliament replace Canada’s prostitution laws?

  • Do nothing (Canada should have no prostitution laws)

    Votes: 1 7.1%
  • Nordic model (ban the purchase of sex; prosecute clients and pimps)

    Votes: 0 0.0%
  • New Zealand model (decriminalize prostitution; regulate for safety)

    Votes: 13 92.9%
  • Notwithstanding Clause (suspend Charter s. 7, continue current laws)

    Votes: 0 0.0%
  • Don’t know / Prefer not to respond

    Votes: 0 0.0%

  • Total voters
    14

FiveParadox

Governor General
Dec 20, 2005
5,875
43
48
Vancouver, BC
On December 13, 2013, the Supreme Court of Canada (in a unanimous 9-0 decision) struck down Canada’s prostitution laws, with The Right Honourable Madame Chief Justice Beverley McLachlin P.C., the Chief Justice of the Supreme Court of Canada, noting that “it is not a crime in Canada to sell sex for money.” The Supreme Court gave the Parliament of Canada one year to replace these “grossly disproportionate” laws.

This arose when Canada’s laws relating to prostitution were challenged to the Supreme Court of Canada (on appeal from the Ontario Court of Appeal), on the basis that the current legal framework for prostitution was a violation of sex trade workers’ “right to life, liberty, and security of the person” under s. 7 of the Charter of Rights and Freedoms. The argument was that Canada’s prostitution laws made the industry unreasonable dangerous for sex trade workers.

It is expected in the next few weeks that The Honourable Peter MacKay P.C., M.P. (Central Nova), the Minister of Justice and Attorney General, will be introducing prostitution laws to replace those that are scheduled to be invalidated at the end of this year. The conversation has already started on Parliament Hill, with Her Majesty’s Loyal Opposition in the Senate conducting hearings on the most fair and effective way to move forward.

It would seem, to me, that there are four options available to Parliament:

1 - Do nothing. If Parliament does nothing, then the current laws on the books related to prostitution will be struck down on December 13, 2014, and these laws would cease to apply. This means that it would no longer be illegal to operate or be found in a brothel, or to communicate publicly for the purposes of prostitution.

2 - Adopt the “Nordic” Model. Adopted first in Sweden and spread to Norway and Iceland, brothels and the purchase of sex are illegal; it targets clients and pimps for prosecution. (This system essentially makes it legal to sell sex, and illegal to purchase sex, which effectively maintains a legal ban on the activities related to prostitution.)

3 - Adopt the “New Zealand” Model. In 2003, New Zealand passed significant changes to its prostitution laws. These reforms included decriminalizing brothels, escort agencies, and soliciting prostitution. (Essentially, the changes decriminalized the range of activities related to prostitution, and is seen to be one of the most liberal models.) The Minister of Justice has signaled that this is likely not a model that Her Majesty’s Government would propose.

4 - Invoke the Notwithstanding Clause. Perhaps the most “severe” response available to the Parliament of Canada, the Government could recommend that s. 33 of the Constitution Act, 1982 be invoked, which would expressly authorize Parliament to legislate in violation of the “right to life, liberty, and security of the person.” This would allow Parliament to continue its current prostitution laws, but this would need to be re-authorized every 5 years.

What do you think? How should Parliament proceed?

Source: Decriminalize sex workers, Senate told during public hearing (Montréal Gazette)
Source: Supreme Court strikes down Canada’s prostitution laws (CBC)
Source: Canadian Charter of Rights and Freedoms (Ministry of Justice)
 
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B00Mer

Keep Calm and Carry On
Sep 6, 2008
44,800
7,297
113
Rent Free in Your Head
www.getafteritmedia.com
Humm... this is a debate??

vancouver - escorts - backpage.com

$100 bucks for a few hours, no strings attached, no commitments, she may even wash up the dishes before she leaves..

 

IdRatherBeSkiing

Satelitte Radio Addict
May 28, 2007
14,591
2,334
113
Toronto, ON
I think #2 is probably the way I would lean. We are wasting precious resources on sex and weed which could be better applied. Not to mention loss of tax revenues.

ETA: New Zealand model. OP re-arranged the choices. Now #3.
 
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Sal

Hall of Fame Member
Sep 29, 2007
17,135
33
48
decriminalize and ensure the safety of the girls and if needed of their clients..
 

Retired_Can_Soldier

The End of the Dog is Coming!
Mar 19, 2006
11,282
479
83
59
Alberta
Too late. Already applied the logo. I'm willing to put up with it to see Tom Daley jumping up and down every time you post something.

You know Chris, back in the day I used to be as trim and fit as this young lad. Women used to scrub their unmentionables on my six pack.
 

BornRuff

Time Out
Nov 17, 2013
3,175
0
36
This should be fun to see play out.

It is one of those issues that most people seem ok with in the abstract, but will likely throw a fit if anything is proposed anywhere within their community.