Court Rules Canada's Prostitution Laws Unconstitutional.

[Aardvark154]

The CBC news story quotes the judge in the case as saying "It is now up to the government to take corrective action". Don't expect the "good times" to last for any length of time.

http://www.cbc.ca/canada/story/2010/09/28/prostitution-law028.html

Yes.

"In her ruling Tuesday, Justice Susan Himel said it now falls to Parliament to "fashion corrective action."

"It is my view that in the meantime these unconstitutional provisions should be of no force and effect, particularly given the seriousness of the charter violations."

 

[fuji]

The reason that the activity is legal is because it is already protected under the charter.

I'd like to believe that. Do you have a citation?

 

[landscaper]

interesting opinions, the idea that a government would have problems in Canada running on a platform of making prostitution illegal is amusing, 51 % of the population is female and a fairly large number of them are married , the idea that we live in an enlightened time when this should be legitimized is a thought to bring tears to teh eyes of all those university proffessors who think the world should be just this way. Unfortunatly a huge percentage of those married spouses are not going to see it that way, not to mention the religious groups who oppose it on moral grounds and then there are the law and order types.

Nope I think that the new law will fly through parliment with all party approval...... even from those MP's who have a special friend not their spouse.

 

[Aardvark154]

The posturing response and hand wringing from Women's Groups is going to be comical.

Comical perhaps but they all vote.

 

[capncrunch]

The posturing response and hand wringing from Women's Groups is going to be comical.

I'm curious about this too. On one hand, some women's groups support the legalization of prostitution because, the argument goes, it's up to women themselves what they do with their bodies.

Other groups disagree, saying that it's objectifying women. (How can one objectify one's self?)

There is no question in my mind that the current crop of Conservatives in Ottawa are sweating bullets right now. Creating legislation criminalizing all forms of prostitution and associated acts (living off the avails, public solicitation, etc.) may fly in rural Alberta, but most of the rest of the country won't see it that way.

Either way, expect Harper to get on to this file immediately. We may look back on this time as the golden years (however long it lasts) for pooners because it won't last long.

 

[fuji]

Comical perhaps but they all vote.

To be fair their vote is likely split on this issue. Some of them are at least enlightened enough to want to ensure that any new regime protects the safety of women, which outright criminalization does not do.

 

[capncrunch]

Well we have an immoral Ontario leader at the moment, if that counts for anything

Doesn't count for squat. It's a Federal issue.

 

[oldjones]

I'd like to believe that. Do you have a citation?

Me too. I think you'll find that prostitution (only the act itself) has been legal for quite some time, and that the Charter came along afterwards. It's legal because there is no law that makes it illegal. Nor was there one when I looked it up in First Year. And I too, pre-date the Charter. Now that other stuff—principally the incall/bawdyhouse stuff—has been struck down, it's all in the same boat. Vacant. Not a situation any lawmaker likes.

Let us fervently hope and pray that no one starts running around advertising FS stuff any more than they are now. Even that stuff gets the more tightly-laced uptight; Just imagine a repeat of AlphaCare's stupid rickshaw posters of a coupla years ago, but for BBBJs. Sure fire way to get fuji's scenario in play ASAP.

 

[oldjones]

And I think Mr. Ford and one or two of his supporters have a different view. They say we have too many immigrants right here right now.

 

[nottyboi]

Any government that tries to criminalize prostitution as an "election issue" is going down. Every guy has been a john at one point or another and we've all got the right to vote. Don't try to 'regulate' it either. I don't want to see a stupid red light district or 'licenses' either. It's consensual sex between adults. The fact that money is exchanged is irrelevant. We want to keep the government out of our bedrooms.

As of today prostitution has been decriminalized. My advice to any politician that wants to keep his job: leave things the way they are.

They will do it on the basis of child prostitution and human trafficking. Heck even I think those things are horrendous crimes and the fact is they ARE elements of the sex trade. Of course making prosititution illegal will have little impact on these. But the Swedes are falsely claiming their policy has been successful and that will be used to ram it though.

 

[Tokyo Heights]

According to our Law Prostitution is suppose to be Legal one way or the other, but the Law has added so many If's and but's to its full legalization that at times its pretty confusing for the Lady in Profession, or an Escort Agency how to operate without conflicting the Laws, and then even the John's are also pretty worried when a raid would take place and their name would appear in the news-paper the next day, which in my opinion is an open violation to The Charter of Rights and Demands, which every Canadian Citizen enjoy in this democratic country! In this trade Liberals or Conservatives or any other party does not make any difference, we should have proper Laws which allows Prostitution to be recognised as a Service Industry! The demand from ladies in this oldest prefoession, and from their customers is always there all around the globe, even prostitution is practised in most conservative Muslim Countries like Pakistan/UAE, Egypt,Turkey,Baharain,Iran, Kuwait, & even Jordan which is known as the champion of Democracies in the world with Islamic Values also has prostitution available which is totally underground, but the prices charged are extra oridinary as the ladies in profession has to pay protection monies to their so-called Govt. Pimps and their LE too! In S.A. they have their own private Harems with upto 150 Girls from various Nationalities available to please the Royals and the Rich and Famous to enjou their carnal pleasures in those huge houses, protected by Security Guards like jails.
However, its high time that our Laws are spelt very clear as far as Adult Entertainment is concerned, so everyone who is one way or the other is associated with this trade or hobby can know one's limit without any fear of the law and can fully enjoy their work as well as their play
Goodluck to All, its a victory for our Prostitutes with today's court ruling! Cheers!

 

[Asterix]

Finally, we may be coming out of the "dark ages". There will be a fight though, count on it!

As far as this goes, you guys don't live in the dark ages. The States do.

 

[fuji]

As far as this goes, you guys don't live in the dark ages. The States do.

At this point I think that's an open question: Sometimes it's better to let sleeping dogs lie.

 

[Bear669]

Vote!

http://www.cbc.ca/news/pointofview/...ion-laws-did-a-judge-make-the-right-call.html

 

[Rockslinger]

I doubt that the Harper Conservatives want to touch this issue with a 14 foot pole. They already screwed up on the long census form and the long gun resgistry. Even if they are dumb enough to table a bill, the BQ, NDP and the vast majority of Liberals will vote against it.

The Harper Conservatives should simply say the courts have spoken (like it did with abortion and gay marriages) and quietly walk away. Our courts have a tradition of expanding rights, not restricting them (just ask any homo).

 

[massman]

Good news and brings us in line with many western democracies (USA excluded). Time will tell what the gov will do though.

IMO they should focus on strengthening the laws and penalties for human trafficking / coercion/ pimping. These laws should be enforced vigorously. Otherwise what goes on between consenting adults....

Just hope they don't go the way of Sweden, and criminalize the buying of sex.

 

[mandrill]

I'm not sure I agree with the gloom and doomers. It was perfectly open to the judge to argue that prostitution - although technically legal - was inherently immoral and objectionable and dangerous and that all the illegalities surrounding it were quite justifiable on any spurious ground that the government comes up with. Given that there is no "victim" in prostitution - unlike drug trafficking - it may not be so easy for the government to criminalize it and make it stick. All the same constitutional arguments can be used again by those who challenge the law.

And most other major Western countries (with the large exception of the USA) have also decriminalized. And the opposition parties also oppose criminalization.

 

[Rockslinger]

Given that there is no "victim" in prostitution -

I think the usual suspects will argue that the "victims" are women who cannot hold their man. But, 80% of Toronto women are lesbos anyway so I think they will be happy that men are no longer hitting on them because they now have a legal outlet for their animal urges. Hee, hee, hee.

 

[fuji]

http://www.cbc.ca/news/pointofview/...ion-laws-did-a-judge-make-the-right-call.html

Voted!

 

[Mervyn]

Actually a few things can Happen.

As suggested the Conservatives simply make prostitution Illegal.

Or they could simply slap strict regulation on it , (licenses permits etc)

Or they could pass this on to the provinces and Make it a provincial Matter. Each province could then decide how they wish to handle it.