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Possible for C-36 to be immediatley S.C.C. CHALLENGED once Law.

Jan 24, 2012
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Prof. Young says it could be immediately challenged once it becomes law:

A legal challenge could be mounted on some parts of the bill as soon as it takes effect, but it may be prudent to wait for evidence to support a case against other parts of it, said Alan Young, a professor at York University’s Osgoode Hall Law School who represented Ms. Scott in the Bedford case.

“It becomes a strategic choice as to whether or not [to challenge] the obviously constitutionally flawed sections and leave the trickier ones for a later date … or whether to roll the dice and try to knock everything out on the outset,” Prof. Young said. He believes “a brain dead monkey should be able to successfully challenge” some parts of the bill, while others are more nuanced. :cheer2:
 

Kenny-sauga

New member
Feb 20, 2005
577
0
0
How many years it took the challenge the old law? Many many years. It will be the same... very few, if any will stand up for the consumers. The whole theory of painting the ladies as victims makes me puke...concept of consenting adults seems to be history.
 

fuji

Banned
Jan 31, 2005
80,012
7
0
¯\_(ツ)_/¯
is.gd
Translation: he is going to challenge the communications and avails sections and take a pass on fighting the criminalization of purchasers.
 

freedom3

New member
Mar 7, 2004
1,431
5
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Toronto
I don't understand why anyone would want this law challenged. Unless you think there is a constitutional right to be a prostitute (which everyone, including Alan Young, thinks there isn't), a challenge will only result in Parliament passing a complete ban on prostitution. That is what Harper will do and Trudeau will as well. Today, for example, Trudeau affirmed that all women are victims by tossing out two male Liberals solely on the basis of allegations by women. He has no intention of implementing the New Zealand model.
 

canada-man

Well-known member
Jun 16, 2007
31,094
2,592
113
Toronto, Ontario
canadianmale.wordpress.com
there is no constitutional right to be a dentist, cashier, plumber, construction worker,etc either. that does not mean that people that are in those lines of work don't deserve to be safe
 

legmann

Well-known member
Dec 2, 2001
8,823
1,395
113
T.O.
I don't understand why anyone would want this law challenged. Unless you think there is a constitutional right to be a prostitute (which everyone, including Alan Young, thinks there isn't), a challenge will only result in Parliament passing a complete ban on prostitution. That is what Harper will do and Trudeau will as well. Today, for example, Trudeau affirmed that all women are victims by tossing out two male Liberals solely on the basis of allegations by women. He has no intention of implementing the New Zealand model.
One of the stupidest things I've read, on several fronts.
 

squeezer

Well-known member
Jan 8, 2010
17,885
12,294
113
I don't understand why anyone would want this law challenged. Unless you think there is a constitutional right to be a prostitute (which everyone, including Alan Young, thinks there isn't), a challenge will only result in Parliament passing a complete ban on prostitution. That is what Harper will do and Trudeau will as well. Today, for example, Trudeau affirmed that all women are victims by tossing out two male Liberals solely on the basis of allegations by women. He has no intention of implementing the New Zealand model.
Wow, incredible.
 

nottyboi

Well-known member
May 14, 2008
22,447
1,325
113
How many years it took the challenge the old law? Many many years. It will be the same... very few, if any will stand up for the consumers. The whole theory of painting the ladies as victims makes me puke...concept of consenting adults seems to be history.
I don't think it really needs to be a net new challenge. I think law can be challenged on the basis it does not address the concerns of the court in regard to the former legislation. There were some very specific concerns of the court. The tories basically ignored these completely.
 

fuji

Banned
Jan 31, 2005
80,012
7
0
¯\_(ツ)_/¯
is.gd
there is no constitutional right to be a dentist, cashier, plumber, construction worker,etc either. that does not mean that people that are in those lines of work don't deserve to be safe
Those lines of work are legal. No one thinks that a burglar or a hit man has a right to be safe on the job.
 

fuji

Banned
Jan 31, 2005
80,012
7
0
¯\_(ツ)_/¯
is.gd
If he successfully challenge this two provisions, purchase would be decriminalized because otherwise it would be a joke to allow legal brothels operating and arrest clients coming out. The Nordic model cannot work without a ban on brothels
I see no reason to believe police sitting outside a legal brothel and arresting everyone who comes out would be unconstitutional.
 

freedom3

New member
Mar 7, 2004
1,431
5
0
Toronto
One of the stupidest things I've read, on several fronts.
That was a very articulate and well-reasoned response. You cleared everything up. It is great to speak to someone who was at the top of his class.
 

freedom3

New member
Mar 7, 2004
1,431
5
0
Toronto
Maybe but would Canadians accept the following scenario: A legal store is allowed to operate with a big sign that says 'we're open ,come in' but the customers get arrested after the pay the cashier?
Apparently, yes. The Conservatives were very clear during the hearings was that this is how the law is intended to work.
 

canada-man

Well-known member
Jun 16, 2007
31,094
2,592
113
Toronto, Ontario
canadianmale.wordpress.com
Those lines of work are legal. No one thinks that a burglar or a hit man has a right to be safe on the job.
the SCC ruled that selling sex is not a crime
 

Ms.FemmeFatale

Behind the camera
Jun 18, 2011
3,127
0
36
www.msfemmefatale.com
The first challenge that will be brought is by people who own places like BP/Redzone/Eros. Based on the third party advertising. As they are a venue FOR advertising, not actually doing the advertising, my understanding is there is a possible challenge being brought right away by one of them. BP makes millions a year and were nothing more then a failing publishing company before getting into ads. They told every government official who put pressure on them like they did to CL, to go fuck themselves based on the money they make from adult. CL caved because they make money off other types of ads. I can't see BP taking this lying down.

However, that just makes is easier for cops to set up sting operations which make the reputation of BP shotty and that in itself may be the demise of BP anyway.
 
Jan 24, 2012
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B.P. is now a U.K. Company. I don't believe they will be making any Canadian S.C.C. challenge unless Canadian Government forces their hand. Will be interesting to see if any Government L.E. agency goes after any Media that has money esp a Canadian one like Now Magazine or Toronto Sun ( both carry adult entertainment ads )
 

TeasePlease

Cockasian Brother
Aug 3, 2010
7,740
4
38
I don't understand why anyone would want this law challenged. Unless you think there is a constitutional right to be a prostitute (which everyone, including Alan Young, thinks there isn't), a challenge will only result in Parliament passing a complete ban on prostitution. That is what Harper will do and Trudeau will as well. Today, for example, Trudeau affirmed that all women are victims by tossing out two male Liberals solely on the basis of allegations by women. He has no intention of implementing the New Zealand model.
Bingo. C-36 is an ideological position wrapped in the cloak of women's safety. Go ahead and challenge the new laws. Not only is prohibition a logical extension of their ideology, it's an easy political sell. The better bet is to STFU and be happy with lax enforcement.

Haven't we learned?

dafuq


there is no constitutional right to be a dentist, cashier, plumber, construction worker, etc either. that does not mean that people that are in those lines of work don't deserve to be safe
That's really not the point. What if plumbing was deemed not to be a desirable occupation in our society?

Did you have a problem when Toronto banned squeegee kids? Did you write to your MP expressing your outrage?

What about on-line gaming vendors?

What about loansharks?
 

freedom3

New member
Mar 7, 2004
1,431
5
0
Toronto
the SCC ruled that selling sex is not a crime
That wasn't a ruling. That was their conclusion after reading the Criminal Code. The Conservatives have now changed the Criminal Code to make purchasing sex a crime.
 

freedom3

New member
Mar 7, 2004
1,431
5
0
Toronto
Bingo. C-36 is an ideological position wrapped in the cloak of women's safety. Go ahead and challenge the new laws. Not only is prohibition a logical extension of their ideology, it's an easy political sell. The better bet is to STFU and be happy with lax enforcement.

Haven't we learned?
That's definitely how I see it. I think these court challengers have done enough already. To the extent a court challenge may have been seen as a good idea at the time (though by very few), it is crystal clear what the current political realities are.
 

oldjones

CanBarelyRe Member
Aug 18, 2001
24,495
11
38
That wasn't a ruling. That was their conclusion after reading the Criminal Code. The Conservatives have now changed the Criminal Code to make purchasing sex a crime.
And someone will have to be charged with a crime under this new law before they can argue—all the way to the Supreme Court—that the new crime (or the old ones that continue in the new law) infringes on the human rights that are protected by the Charter.

Which is why the new law cannot immediately be challenged.
 
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