Court Rules Canada's Prostitution Laws Unconstitutional.

fuji

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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.
This option is fine. The provinces can't criminalize it. They could slap on fines, but nothing that would give you a criminal record.
 

fuji

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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
If they follow the Swedish model they will claim the woman is the victim, just like a drug user is considered the victim of their own crime.
 

Rockslinger

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The provinces can't criminalize it. They could slap on fines, but nothing that would give you a criminal record.
Maybe the province can pass a law that makes it illegal for an escort to talk on her cellphone while engaged in wambo minki with you. The fine would be 10 free sessions for you and any of your friends. Hee, hee, hee.

Question: Does anyone here know how much public money is wasted on "fighting" prostitution? I seem to recall that it is in the billions.
 

jaygood

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This is some great news. Let's hope it lasts. And a big thank you regardless for those who fought for this.
When reading through the article it looks as though 3 of the laws where changed/overturned not all ones relating to bawdy house. I didn't notice mention of inmate or found in or does it fall under the same?
 

Mervyn

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This option is fine. The provinces can't criminalize it. They could slap on fines, but nothing that would give you a criminal record.
I'm not a lawyer, but they(provinces) might be able to if they use the "notwithstanding clause"
 

fuji

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I'm not a lawyer, but they(provinces) might be able to if they use the "notwithstanding clause"
Criminal law is a Federal matter. The provinces can make prostitution illegal, the same way they can make speeding illegal, but they can't write anything into the Criminal Code of Canada.

So presumably that means you would face penalties that would not amount to a criminal record if you were convicted of violating a provincial law.
 

mandrill

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Criminal law is a Federal matter. The provinces can make prostitution illegal, the same way they can make speeding illegal, but they can't write anything into the Criminal Code of Canada.

So presumably that means you would face penalties that would not amount to a criminal record if you were convicted of violating a provincial law.
No, they can't. The provinces were given the power in the British North America Act to regulate traffic and highways and this is why they can fine you for speeding.

The power to regulate "morals" offences is purely a criminal power and thus, purely within federal jurisdiction. The provinces cannot intrude.

The most they can do is attempt to licence activities and premises and give out fines for contraventions of the licencing conditions.
 

mandrill

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Fuji's got it. It's the way our system works. If the government doesn't like the court's decision, they legislate around it, and back-and-forth it goes. My understanding too is that the appeal can only be based on matters of substantive law that the trial judge missed. It is not a place for the loser to simply "re-state their case".
With a complicated "policy decision" judgment like this, it is all a matter of substantive law. And therefore, pretty much all of the decision can be re argued on appeal. The stuff you cannot re open on appeal is who the judge believed when they gave evidence or how the judge analyzed a case-specific set of facts. None of that stuff is present in the current case.
 

Mervyn

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No, they can't. The provinces were given the power in the British North America Act to regulate traffic and highways and this is why they can fine you for speeding.

The power to regulate "morals" offences is purely a criminal power and thus, purely within federal jurisdiction. The provinces cannot intrude.

The most they can do is attempt to licence activities and premises and give out fines for contraventions of the licencing conditions.
Is it possible to make it a crime not to have liscences ? Or some such technicality as not keeping records up to date, filing late etc
 

Twister

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Don't get your hopes high, the US will influence the GOV and put it back up , just like they did with 420.
 

alexmst

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Don't get your hopes high, the US will influence the GOV and put it back up , just like they did with 420.
This thought occured to me as well.
 

Rockslinger

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Don't get your hopes high, the US will influence the GOV and put it back up , just like they did with 420.
Isn't 420 because the U.S. was accusing Canada of exporting that crap into the U.S.? Does the U.S. also think Canada will be exporting women into the U.S. as well?
 

Rockslinger

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Ya know, I'm not really the "paranoid-of-government" type, but could not a case be made for the following: Lax on prostitution==> Increase in human trafficking==> Increased chances of terrorists getting into the US?
The U.S. then should stop issuing student visas. That would be a lot more effective at stopping terrorism then telling Canadians they can't engage in paid wambo minki. In fact, I think there are a bunch of Russian (and Chinese and Iranian?) women engaged in unpaid wambo minki in the U.S. trying to get state secrets from American government officials.
 

Rockslinger

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A spokeswoman for "Real Women" asked which mother or father would want their daughter to be a prostitute?

I am old enough to remember when people use to ask which mother or father would want their son to be homo or their daughter to be lesbo?

To all the mothers and fathers out there: "Accept your offsprings for what they are, not what you want them to be."
 

TGirl Nikki

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Hey all, I'm bouncing between interviews right now but I thought I'd stop in with a few details:

- The judgment included a 30-day stay during which the laws still apply. So technically, the laws are still on the books. We expect the Crown is already preparing their appeal (as Justice Himel expected as well, which is why she included the stay in the first place).

- We fully expect municipalities to engage in dialogue towards regulation and legalization. SPOC, along with other sex workers' rights groups across the country, are already planning to meet with our municipal representatives to ensure participation in the discussion.

- During these discussions, we intend to endorse the New Zealand model of decriminalization, which has been very effective in both improving the safety and working conditions of sex workers, and eliminating human trafficking for the purpose of sexual exploitation.

- There's going to be a lot more about this in the coming days, but if you'd like more information, www.spoc.ca is the best place to find it. We'll be posting a link the the text of the decision as soon as we're able. :)
 

Aardvark154

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With a complicated "policy decision" judgment like this, it is all a matter of substantive law. And therefore, pretty much all of the decision can be re argued on appeal. The stuff you cannot re open on appeal is who the judge believed when they gave evidence or how the judge analyzed a case-specific set of facts. None of that stuff is present in the current case.
Yes, Oagre, but unless the appellate rules are substantially different that is supposed to be based upon the trial judge misapplied the law rather than we just plain disagree with the ruling.


I know we are basically saying the same thing.
 

Twister

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Isn't 420 because the U.S. was accusing Canada of exporting that crap into the U.S.? Does the U.S. also think Canada will be exporting women into the U.S. as well?
They propably worry that it can influence the US. The religious right will freak.
It may increase tourism if anything.
 

alexmst

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Not to rain on every one's parade here but it should be noted that while it has never been illegal to exchange money for sex between consenting adults it wouldn't be hard for Parliament to add this to the criminal code rendering this decision mute. I can guarantee you that in light of this decision not only will the Government appeal this decision within the thirty day window the current laws stands but they will use this decision by so called Toronto elitists to hammer new legislation through. While it may feel nice today it may in fact be the worst thing that happened for the industry.

kf1
Yes, call me a pessimist, but I think Harper would be far more inclined to go with the U.S. model of making it illegal than going with the German model of letting people turn the Royal York into a giant brothel for locals and tourists alike.

I think the current situation was pretty darn good...outcalls legal, incalls not so much but not enforced so no worries. This is much better than in the U.S.

I don't mind if they turned the depressing Toronto docklands into a red light district like in Amsterdam for tourists. I would not be into it, instead going with VIP outcalls or private incalls like I do now. So the rules changing to be more liberal don't effect me at all. If they go conservative and ban everything, one more thing to worry about if they (Toronto police) actually enforce the new laws. Better to have left it as is under the carpet IMHO.
 

Rockslinger

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While it may feel nice today it may in fact be the worst thing that happened for the industry.
Will they also make homo sex illegal again? How about making abortion illegal? The Harper Conservatives hopefully will have more political sense than that. On the other hand they did screw up royally on the long census form and long gun registry.
 
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