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National Post - Wynne government may fire first shot at C-36

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dirkd101

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Let's hope for a showdown then and that the province takes on the feds by fast tracking this to the appellate court. The only part I fear is, as Iverson states, a Hail Mary; "The only hope seems to be the Hail Mary defence that falls back on Section One of the Charter of Rights. This allows a right to be infringed without the charter being violated because it places “reasonable limits” on rights and freedoms". This could have some real legs, if the province plays this to win that is.
 
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MPAsquared

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dirkd101 said:
Let's hope for a showdown then and that the province takes on the feds by fast tracking this to the appellate court. The only part I fear is, as Iverson states, a Hail Mary; "The only hope seems to be the Hail Mary defence that falls back on Section One of the Charter of Rights. This allows a right to be infringed without the charter being violated because it places “reasonable limits” on rights and freedoms". This could have some real legs, if the province plays this to win that is.
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The feds have list 90% of their SCC court challenges. And previous president set by Bedford has much much bigger legs.
 
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lomotil

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Moviefan-2 said:
According to the National Post's John Ivison, there is disquiet among senior officials in Kathleen Wynne's office over the fact that C-36 doesn't protect sex workers.

http://fullcomment.nationalpost.com...may-fire-first-shot-at-tory-prostitution-law/
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Harper and Wynne are already in a pissing match. The PM will not give the Premier the time of day, no face to face meetings even. With all issues coming up and the election looming, prostitution is something that is likely to be not at the forefront. Notice no politician is advocating that the purchase of sex should become legal again for any reason whatsoever including making prostitutes working conditions safer? Now why is that? When Harper does meet Wynne, C36 will not be on the agenda. There is good reason why Ontario almost always votes differently at the federal and provincial level.
 
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legmann

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lomotil said:
Notice no politician is advocating that the purchase of sex should become legal again for any reason whatsoever including making prostitutes working conditions safer?
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Perhaps, but the overwhelming argument is that criminalization of clients will cause conditions for sex workers to become less safe.
 
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DigitallyYours

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Full text of the statement:

Premier Wynne Statement on Bill C-36

Yesterday, on December 6, after months of hearings and public debate, The Protection of Communities and Exploited Persons Act came into effect.

When the Supreme Court of Canada struck down three provisions of the Criminal Code, they found that each of the impugned laws placed sex workers unnecessarily at risk in a way that violated their rights to safety and security under the Charter.

As I have said before, my priority in this debate is to ensure that our laws and institutions enhance the safety of those who are vulnerable- in this case, sex workers: a class of (mostly) women, who are disproportionately the victims of sexual and physical violence. So I believe that there is merit in considering whether the Conservative government's new legislation meets that test.

I have listened to the debate that has taken place over the last year, and particularly since the introduction of Bill C-36. And I am left with grave concern that the so called Protection of Communities and Exploited Persons Act will protect neither "exploited persons" nor "communities''.

I am not an expert, and I am not a lawyer, but as Premier of this province, I am concerned that this legislation (now the law of the land) will not make sex workers safer.

The legislation was duly passed through a democratic process. The Attorney General of Ontario is bound to enforce the Criminal Code. And she will.

But I have also asked the Attorney General to advise me on the constitutional validity of this legislation, in light of the Supreme Court's decision in the Bedford case, and our options as a government in the event that the legislation's constitutionality is in question.

We must enforce duly enacted legislation, but I believe that we must also take steps to satisfy ourselves that, in doing so, we are upholding the constitution and the Charter.
 
CUPID

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I am crying tears of joy right now. This is what we have all needed to hear.

DigitallyYours said:
Full text of the statement:

Premier Wynne Statement on Bill C-36

Yesterday, on December 6, after months of hearings and public debate, The Protection of Communities and Exploited Persons Act came into effect.

When the Supreme Court of Canada struck down three provisions of the Criminal Code, they found that each of the impugned laws placed sex workers unnecessarily at risk in a way that violated their rights to safety and security under the Charter.

As I have said before, my priority in this debate is to ensure that our laws and institutions enhance the safety of those who are vulnerable- in this case, sex workers: a class of (mostly) women, who are disproportionately the victims of sexual and physical violence. So I believe that there is merit in considering whether the Conservative government's new legislation meets that test.

I have listened to the debate that has taken place over the last year, and particularly since the introduction of Bill C-36. And I am left with grave concern that the so called Protection of Communities and Exploited Persons Act will protect neither "exploited persons" nor "communities''.

I am not an expert, and I am not a lawyer, but as Premier of this province, I am concerned that this legislation (now the law of the land) will not make sex workers safer.

The legislation was duly passed through a democratic process. The Attorney General of Ontario is bound to enforce the Criminal Code. And she will.

But I have also asked the Attorney General to advise me on the constitutional validity of this legislation, in light of the Supreme Court's decision in the Bedford case, and our options as a government in the event that the legislation's constitutionality is in question.

We must enforce duly enacted legislation, but I believe that we must also take steps to satisfy ourselves that, in doing so, we are upholding the constitution and the Charter.
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d_jedi

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Pessimistically, the line that sticks out is "The Attorney General of Ontario is bound to enforce the Criminal Code. And she will".
But this is certainly good news..
 
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d_jedi said:
Pessimistically, the line that sticks out is "The Attorney General of Ontario is bound to enforce the Criminal Code. And she will".
But this is certainly good news..
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Not surprised you'd take the pessimist route. And completely out of context no doubt.

Some of us are extremely emotional right now. This is a huge huge step forward! Many of us have been fighting for. When are you ever gonna be positive? Life without lessons learned is nothing but a hamster wheel.
 
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GoWest8745 said:
You said the same thing december of last year. We have to wait and see how the Attorney General acts, we don't know if she's like Mackay or not. There is an article where she was talking about eradicating prostitution from her riding
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I'm always optimistic :) I have great faith in the activism against this bill & the success of our trades efforts.
 
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Moviefan-2

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d_jedi said:
Pessimistically, the line that sticks out is "The Attorney General of Ontario is bound to enforce the Criminal Code. And she will".
But this is certainly good news..
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That line jumped out at me, too.

I'm not entirely certain what it really means. Certainly, I guess the attorney general would be expected to follow through in cases where people have been arrested. But that doesn't necessarily mean vigorous attempts to arrest people.

Hopefully, the premier's position gets clarified at some point.
 
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pablice

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This is the start of great things to come.

Just like yesterday when you guys were tripping out about the deflection of her office and we're saying it is none of their business. Clearly, her priority was to pay respect for what happen 25 years ago and not take the importance of this day away with other issues.

Wynne is very methodological, and she knows the system very well.

That statement is necessary because she supports the system and you guys will witness that it does actually work.

Patience is virtue and it is important that we all ask our selves what we can do in our own little ways to support this. There is many little things each of us can do, and now we are becoming like water with volume and persistance and uniting and exploiting all holes of this unconstitutional bill.

This day makes me very proud to be a Canadian citizen and to have voted for such a leader who cares about the well being of all the people of this Country.

I am proud of her and this day. You will see great things will come, just the system sometimes takes a while to turn, but when it does and it is followed properly produces great and ethical results.

This is a huge day of progression for our country, and is the start of ultimately accepting us for who we are, giving us the power to choose, and eliminating laws that cause harm and damage to our societies.

Guys this is not about money anymore, about political views, or power, this is so much more.

Moviefan-2 said:
That line jumped out at me, too.

I'm not entirely certain what it really means. Certainly, I guess the attorney general would be expected to follow through in cases where people have been arrested. But that doesn't necessarily mean vigorous attempts to arrest people.

Hopefully, the premier's position gets clarified at some point.
Click to expand...
 
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asterwald

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I just hate how they used the montreal massacre to support this. It sickens me to no end. Talk about emotional manipulation.
 
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lomotil

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Successful politicians are those that can suck and blow at the same time. Anything that they say is along the lines of them either wanted to get elected, re-elected or to remain in power. Wynne did not suggest how C-36 could be modified to protect sex workers and Harper did not say how C-36 actually will protect sex workers either. Why, because this bill C36 is a loser, with very little for politicians to gain from, but alot to lose. Harper is showing Wynne the same contempt that she showed Rob Ford as both politicians play to there respective bases. By the time C36 reaches the SCC and decision is made, Wynne and Harper will not be in power, but many people will have criminal records by then. If the Reform Conservatives are still there and their hand is forced then prostitution will be made illegal. Irregardless, I do not see any politicians in power making the purchase of sex legal again anytime soon. A Wynne - Trudeau duo will endure that Harper wins next fall.
 
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