Landmark ruling on Canada's prostitution laws due today

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Landmark ruling on Canada's prostitution laws due today

Ontario's top court is set to rule today on whether Canada's anti-prostitution laws are constitutional.

Essentially, the Appeal Court is deciding whether three laws put prostitutes in danger. The laws ban brothels, soliciting, and living on the avails of the trade.

A lower court judge struck down the provisions, saying they put sex workers in danger by preventing them from working indoors, screening clients or hiring bodyguards.

The government maintains police need the powers to control street prostitution and investigate pimping and argues that prostitutes make an economic choice they know is dangerous.

Laws put prostitutes at risk, top court judge says

If the Appeal Court upholds a lower court ruling, it would effectively end prostitution-related prosecutions in Canada —pending any decision by the Supreme Court of Canada.

"It's a matter of life and death," said Valerie Scott, one of three women involved in the case. "In what other legal occupation is a worker not permitted by law to take any security measures?"

In September 2010, Ontario Superior Court Justice Susan Himel ruled the laws were fundamentally unjust by making life more dangerous for sex-trade workers. Prostitution itself was not illegal in Canada, though many of the key activities were under the three laws that Himel struck down.

The provisions, Himel said, put prostitutes at risk by preventing them from working indoors, screening clients or hiring bodyguards.

The government appealed, arguing in part last June that the laws are necessary to allow police to control street prostitution and to protect vulnerable women from harm at the hands of pimps.

PM says sex trade 'bad for society'

Prime Minister Stephen Harper has called the prostitution trade "bad for society."

Terri-Jean Bedford, a dominatrix involved in the legal challenge, said the laws discriminate against women.

"If the decision is in our favour, they can take control over their bodies."

Alan Young, the lawyer who launched the challenge on behalf of the women, said the case has "crystallized" the issues around the sex-trade.

"It's the beginning of a dialogue between Canadians, the courts and Parliament as to what we should do about something that we've unthinkingly just prohibited for the last 100 years without really evaluating what we're doing," Young said.

The Appeal Court ruling is to be released at 11 a.m. ET.

Landmark ruling on Canada's prostitution laws due today - Ottawa - CBC News
 

lone wolf

Grossly Underrated
Nov 25, 2006
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In the bush near Sudbury
I think it's stupid to keep pouring millions into fighting that which you can't beat when it would be more sensible to legalize, tax it and eliminate the middleman
 

MHz

Time Out
Mar 16, 2007
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Harper also promotes war, the biggest collection of hookers is just outside military bases.
Don't we get around it by calling up an escort agency for a 'room visit'? How did it work out in Nevada? Gas/beer/hooker all in one stop.
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Ontario's top court strikes down ban on brothels

Ontario's top court has struck down the ban on brothels.

The court says the ban puts prostitutes in danger and they should be allowed to work safely indoors.

However, it has given the government one year to rewrite the law if it chooses to.

At the same time, the Appeal Court says concerns about the nuisance created by street prostitution is real.

So it has upheld the ban on soliciting for the purposes of selling sex.

When it comes to living on the avails of prostitution, the court says the law can be reworded to specifically exclude the exploitation of prostitutes.

More to come.

Ontario's top court strikes down ban on brothels - Canada - CBC News
 

Cannuck

Time Out
Feb 2, 2006
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The government maintains police need the powers to control street prostitution and investigate pimping and argues that prostitutes make an economic choice they know is dangerous. http://www.cbc.ca/news/canada/ottaw...tario-appeal-court-sex-trade-laws-monday.html

Interesting. So if the hookers are making the choice, then they can hardly be called victims. Makes one wonder why the government has considered this a crime.


Is there a ban on soliciting for the purposes of buying sex?
 

Liberalman

Senate Member
Mar 18, 2007
5,623
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Toronto
Just think the condom industry will grow even bigger.

Interesting. So if the hookers are making the choice, then they can hardly be called victims. Makes one wonder why the government has considered this a crime.



Is there a ban on soliciting for the purposes of buying sex?

I think the government do not want the hookers to bother people as they walk down the street like panhandlers do.
 

Cannuck

Time Out
Feb 2, 2006
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I think the government do not want the hookers to bother people as they walk down the street like panhandlers do.


No, I don't think so. With regards to prostitution laws, a car is considered a public place. I'm pretty sure the feds don't hold that same standard for panhandlers even if they have a federal law against it.
 

Niflmir

A modern nomad
Dec 18, 2006
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Leiden, the Netherlands
No, I don't think so. With regards to prostitution laws, a car is considered a public place. I'm pretty sure the feds don't hold that same standard for panhandlers even if they have a federal law against it.
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Sort of. If the prostitute gets in the John's car (they might need to drive off, I can't remember exactly), then it is not considered to be in public anymore and it is legal. But if the John is talking out of the window and the prostitute is trying to judge whether or not the John is the next Robert Pickton, then that is in public and it is a crime.

I imagine this to be a fairly bad timing for the plaintiffs of the lawsuit, as their aim was to liberalize the laws so that they could safely do their business. If they rip open a whole in the current legal system, Harper may very well stopper it with something much worse. Then again, if he just makes the purchase illegal (and not the sale) then he will make some gender feminists very happy.
 

Kreskin

Doctor of Thinkology
Feb 23, 2006
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Landmark rulings rarely, if ever, strike down anything in its entirety. High courts rule mostly on specific aspects of a previously ruling.
 

Liberalman

Senate Member
Mar 18, 2007
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Like at an auction? I don't want to imagine what the 'garage sale prices' looks like.
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According to the ruling the ban on brothels has been struck down so now the hookers can work inside and advertising will be done more traditionally like word of mouth or passing out advertising like they do in the downtown core.
 

Niflmir

A modern nomad
Dec 18, 2006
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Leiden, the Netherlands
Why not make sure the car enters a closed car park and only gets out after the hooker gets out of the car?

By the time someone is inside the vehicle, it is too late to notice that the door doesn't open from the inside, and the driver is driving away from that closed parking lot...

According to the ruling the ban on brothels has been struck down so now the hookers can work inside and advertising will be done more traditionally like word of mouth or passing out advertising like they do in the downtown core.

There you are, so Canada is basically just slightly more conservative than the situation over here in the Netherlands (also Germany, for what it is worth).

In Germany, they usually passed laws stating that certain areas at certain times were off limits for street prostitution. I recall one such law in Bonn. It was not common to see advertisements for brothels.

In the Netherlands, I have yet to see an advertisement for a brothel, although a web search will turn them up. The red light district in Amsterdam is a case that they are considering banning. Many cities have already banned public solicitation.