Prostitution decriminalized in Ontario

[Enigma]

Prostitution decriminalized in Ontario.

Court strikes down Canada's prostitution law

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1 hour, 26 minutes ago

OTTAWA (AFP) - An Ontario court effectively decriminalized prostitution in Canada by striking down key provisions of an anti-prostitution law it said endangered sex workers.
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The Ontario Superior Court declared unconstitutional portions of the act banning brothels and soliciting, lifting key barriers to prostitution. One sex worker said the ruling means "emancipation" for the industry.

The ruling, which the federal government said it would likely appeal, affects only the province of Ontario for now, but if upheld on appeal, could halt enforcement of anti-prostitution laws across Canada.

Three Toronto women launched the legal challenge in October 2009, arguing that prohibiting solicitation endangers prostitutes by forcing them to seek customers on street corners.

They called for decriminalizing prostitution and for the right to open brothels to provide a safer environment for prostitutes.

The court agreed.

"By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance," Superior Court Judge Susan Himel said in the decision.

"I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."

Alan Young, a lawyer representing the plaintiffs, told a press conference the case was "all about protecting the security and safety of people who work in the sex trade, regardless of what you think of sex workers and what you think of the moral values of the work."

"It's a great day for Canada," said plaintiff Terri-Jean Bedford, who was jailed in the 1990s for operating a brothel in Toronto. "It's like emancipation day for sex-trade workers."

Christian organizations that intervened in the case to oppose decriminalization of prostitution, however, lamented the court's decision as "unfortunate."

"Although it purposes to fulfill a noble goal, that of providing greater protection for the vulnerable, it in fact has the potential to create a system that undermines the security of all Canadians," said Ruth Ross, executive director of the Christian Legal Fellowship.

"Moreover, the decision reinforces the notion that sex is not an intimate and loving act but instead a commodity that can be bought and sold at will."

Valerie Scott, another co-plaintiff along with Amy Lebovitch, told residents and business owners concerned that the decision may boost the sex trade in Canada to not be afraid.

"We are not aliens. We are ordinary people and now we have rights," she said.

Thanks to the ruling, sex trade workers "can now pick up the phone and call the police and report a bad client. This means that we no longer have to be afraid," Scott added.

"We can set up guilds and associations and we can set up occupational and health standards, workman's compensation (and pay) income taxes."

The Ontario Crown said it would review the decision "carefully and quickly" and consult with federal colleagues about a "potential appeal."

Canada's Justice Minister Rob Nicholson said "the government is very concerned about the Superior Court's decision and is seriously considering an appeal."

"We will fight to ensure that the criminal law continues to address the significant harms that flow from prostitution to both communities and the prostitutes themselves, along with other vulnerable persons," he added.

Judge Himel stressed in the ruling that sections of the law that prohibit child prostitution, impeding pedestrian or vehicular traffic and procuring still apply.

The ruling is being suspended for 30 days to allow for an appeal to be heard.

If the appeal by the federal government fails then it effectively means that prostitution is decriminalized.

[Ryan Thunder]

Heh, good. Now we can regulate it.

[Questor]

And tax it!

[wautd]

Good for them!

[Zed Snardbody]

It works well in Nevada. Regulated, taxed, inspections and certifications. And best of all no pimps slapping the women around or turning out under aged women, and you can go to the police without worry of being arrested should something go awry.

[dragon]

It works well in Nevada. Regulated, taxed, inspections and certifications. And best of all no pimps slapping the women around or turning out under aged women, and you can go to the police without worry of being arrested should something go awry.

Yup the only place they have problems with in Nevada is Las Vegas and Reno as it's still illegal there, which is weird. But it works well in Germany where the prostitutes even get medical and pay into retirement.

[Oskuro]

"Although it purposes to fulfill a noble goal, that of providing greater protection for the vulnerable, it in fact has the potential to create a system that undermines the security of all Canadians," said Ruth Ross, executive director of the Christian Legal Fellowship.

Ehm, why? No, really, what's the rationale behind that?

"Moreover, the decision reinforces the notion that sex is not an intimate and loving act but instead a commodity that can be bought and sold at will."

And it can't be both.... Why? Oh, yes, religion says so.

[Ritterin Sophia]

I knew it! See what socialized healthcare does!? I predict the end of Canadian society within a decade from sin and their Eurocommie influence. Just you wait, there'll be an AK in every home and a T-72 on every street guarding a n Orwellian third world Hellhole!

[Kanastrous]

Don't worry, General, being right next door the USA can roll in a few divisions and save Canada from that hellish fate, before it's too late.

They'll thank us.

You'll see.

[Lagmonster]

Don't worry, General, being right next door the USA can roll in a few divisions and save Canada from that hellish fate, before it's too late.

They'll thank us.

You'll see.

Okay guys, I love the jokes, but try to keep it on the level so I don't have to get out my shovel.

[TithonusSyndrome]

As gratifying as this is, dragon's comment about the proper regulation of the sex industry in Germany reminds me that this is going to be an absolute political nightmare to pass the sheer volume of controversial legislation required to bring the sex industry in line with any other in Canada, especially under a theocon like Harper. Provided the appeal passes, I see him trying to subtly shaft sex workers with weaselly arguments about how the nature of their work makes benefits and rights that other workers have unnecessary - that or simply stonewalling the process like he always does.

[Solauren]

What's ironic is a friend of mine recently said she wanted the Ontario Government to decrminalize/legalize Prostitution so she could pay her hydro bill.

.... Good news Julie!!!!!

[Phantasee]

Hey, here's something I've always wondered: if a court makes a decision like this, but it's appealed, does that mean prostitution is decriminalized as of tomorrow, until the appeal is done? And if the appeal goes the other way, does that mean you can get busted for violating the law in Ontario before that?

[Broomstick]

I knew it! See what socialized healthcare does!? I predict the end of Canadian society within a decade from sin and their Eurocommie influence. Just you wait, there'll be an AK in every home and a T-72 on every street guarding a n Orwellian third world Hellhole!

You mean... just like your neighbor to the south?

Oh, wait... we don't have legal prostitution here. Nevermind....

[dragon]

I knew it! See what socialized healthcare does!? I predict the end of Canadian society within a decade from sin and their Eurocommie influence. Just you wait, there'll be an AK in every home and a T-72 on every street guarding a n Orwellian third world Hellhole!

You mean... just like your neighbor to the south?

Oh, wait... we don't have legal prostitution here. Nevermind....

We do in one State Nevada remember.

[Oskuro]

I knew it! See what socialized healthcare does!? I predict the end of Canadian society within a decade from sin and their Eurocommie influence. Just you wait, there'll be an AK in every home and a T-72 on every street guarding a n Orwellian third world Hellhole!

You mean... just like your neighbor to the south?

What? Heck no! It would be an M-16 on each home, and a M1 Abrams parked on every street! And Blackhawks!

[Enigma]

Hey, here's something I've always wondered: if a court makes a decision like this, but it's appealed, does that mean prostitution is decriminalized as of tomorrow, until the appeal is done? And if the appeal goes the other way, does that mean you can get busted for violating the law in Ontario before that?

The ruling is delayed for 30 days so that an appeal can be made. If the government does not appeal and request an extension to that delay then after 30 days the ruling goes into effect. *BUT* both the federal and the Ontario governments have made their appeals so unless the appeals are quashed it is status quo.

Feds to appeal prostitution ruling

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1 hour, 2 minutes ago

By The Canadian Press
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OTTAWA - The federal and Ontario governments say they will appeal a controversial court judgment that struck down Canada's prostitution laws.

Justice Minister Rob Nicholson told the House of Commons on Wednesday that prostitution "harms individuals and communities."

"That is why I am pleased to indicate to the House that the government will appeal and will seek a stay of that decision."

Ontario Attorney General Chris Bentley quickly followed suit, saying the province will join in the appeal to the province's top court.

Bentley said the laws "protect people from being lured or coerced into prostitution, they protect people from being under domination of those who would prey, and they protect communities from the adverse effects of prostitution-related activities."

Prostitution is not illegal in Canada, but an Ontario Superior Court judge court struck down three provisions that criminalized most aspects of it.

Justice Susan Himel ruled Tuesday that laws against keeping a common bawdy house, communicating for the purposes of prostitution, and living on the avails "are not in accord with the principles of fundamental justice."

She also said the laws put sex-trade workers in danger.

The judgment is subject to a 30-day stay during which the law remains in place. The federal government can seek an extension of the stay period.

The governments will request that the appeal court stay the judge's decision and allow the current prostitution laws to remain in effect until an appeal can be heard.

Nicholson's announcement came shortly after Ontario Premier Dalton McGuinty urged the federal government to file an appeal.

McGuinty said the ruling "proposes some profound changes to the laws that have been on the books here for decades, and we look forward to supporting the federal government in that appeal."

The Crown had argued that striking down the provisions of the laws without enacting something else in their place would pose a danger to the public. But Himel disagreed, saying the danger to sex-trade workers outweighs any harm to the public.

[Chaotic Neutral]

And we get the same fucking retarded arguments we have with legalizing drugs.

"If we legalize it, we are too incompetent to make regulations quickly, so we should continue status-quo!"

"It's bad! If we legalize it, people will do it! What do you mean people will do it anyway, but less safely?"

"Gangs don't get any funding from keeping it illegal, what are you talking about?"

"What do you mean keeping it illegal wastes tax money on lost revenues and increased crime."

Things like this make me want to start a dictatorship somewhere.

[Superboy]

Does anyone know how likely it is that this ruling will stand? I don't know much about the court system or the laws in play here, but it's hard for me to imagine prostitution being legal. If this ruling does stand, is there any reason the same legal arguments couldn't be made to decriminalize prostitution in all the other provinces too? Is that likely to happen?

[Chaotic Neutral]

I don't know much about the court system or the laws in play here, but it's hard for me to imagine prostitution being legal.

Perhaps, but courts do have a reputation for overturning stupidity long enough for it to be wiped out. Why is it so hard to imagine?

If this ruling does stand, is there any reason the same legal arguments couldn't be made to decriminalize prostitution in all the other provinces too? Is that likely to happen?

I don't see why not.

[dragon]

Prostitution is not illegal in Canada, but an Ontario Superior Court judge court struck down three provisions that criminalized most aspects of it.

That make little sense.

[Solauren]

Prostitution is not illegal in Canada, but an Ontario Superior Court judge court struck down three provisions that criminalized most aspects of it.

That make little sense.

Aspects of it were illegal.

I.e It's not illegal to have sex for money. However, it's illegal to offer the service.

[Phantasee]

Basically offering money for sex, offering sex for money, and something else (running a bawdy house?) were illegal. The soliciting part was illegal, while the actual exchange and act were not.