Court Rules Canada's Prostitution Laws Unconstitutional.

Rockslinger

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Apr 24, 2005
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They propably worry that it can influence the US. The religious right will freak.
It may increase tourism if anything.
The U.S. religious right must have really freaked when Canada allowed gay marriages. Canada is not the U.S. nor is it an Islamic country, we must follow our own path and that path is more not less respect for human rights.
 

fuji

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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
Oagre's right, the provinces can only regulate, but yes violating a regulation can result in a fine or even jail time.

I guess the question then becomes, what is "reasonable" regulation around prostitution, and what becomes criminalizing it. They could probably require SP's to be tested, buy a license to practice the trade, work in certain areas, perhaps even regulate the rates that are charged, so long as they don't stray into outright preventing people from engaging in it.

For contrast the provinces (often via municipalities) regulate strippers and strip clubs, taxi drivers, and teachers, doctors, and lawyers, as well as things like licenses for hunting and for driving a car.
 

Rockslinger

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Apr 24, 2005
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For contrast the provinces (often via municipalities) regulate strippers and strip clubs, taxi drivers, and teachers, doctors, and lawyers.
I thought doctors and lawyer were self-regulating. That is why it is so hard to convict a doctor or lawyer of any crime. Has anybody ever filed a complaint with the College of Surgeons or Law Society? Useless, wasn't it?
 

Asterix

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Aug 6, 2002
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At this point I think that's an open question: Sometimes it's better to let sleeping dogs lie.
Oh I don't know. Seems kind of obvious. Why do you suppose there are so many Americans on a Canadian escort board?
 

fuji

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I thought doctors and lawyer were self-regulating. That is why it is so hard to convict a doctor or lawyer of any crime. Has anybody ever filed a complaint with the College of Surgeons or Law Society? Useless, wasn't it?
A lot of industries are "self regulating", finance as well, but if you dig into the regulations and the laws you find out it was the Province that required the self regulating organization to exist, and forces by law all practitioners to belong to it. It then leaves it up to the SRO to lay out the conditions of membership, practices, etc., but the Minister will keep an eye on it and threaten to revoke the self-regulatory status if the SRO does not establish policies considered sensible by the Province.
 

fuji

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Oh I don't know. Seems kind of obvious. Why do you suppose there are so many Americans on a Canadian escort board?
I guess what I'm saying is we don't know where this is going in the future. SOMETHING will change, but for the better? It's hard to say right now.
 

eldoguy

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Oct 27, 2006
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Such would imply that there is regulation to begin with, which would thereby recognize and legalize the profession. In order for someone to be "licensed", they must be given that license by an authority given the power to do so. Similar for record-keeping and filing, they are more likely to be regulatory matters as opposed to criminal matters. Tax evasion or tax laws could be used - but they can be used on EVERYONE for anything.
In order to qualify for a license you need to pass a test , just like would for a drivers license, must attend sex school. If failing the tests they are not able to be working. A great country Canada!
 

AlannaJohnson

Love Goddess
YEY!! I am ecstatic about this decision!! KUDOS to Dr. Alan Young and to the Brave Ladies that made this happen!! I am in tears!!
I agree with Rockslinger and a few others that laws and society in Canada are moving towards More tolerance and increased human rights, not going back to the dark ages. I am very optimistic about the future.

May this be remembered as a True Happy Day in the History of Human Rights in Canada.

I'd like to see Provincial Gvts. move to enact legislation in the Human Rights Codes protecting sex workers from discrimination based on occupation! Currently, occupation is not considered a valid legal 'grounds' for discrimination.

Change is inevitable. To those people who wish to hold tight to traditional notions; sorrie but we are in the Age of Aquarius -- massive social change is bound to happen! EMBRACE IT!!
 

saliksalik

Active member
Sep 16, 2004
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This is a huge step forward for sex workers' rights, and human rights as well. We're updating our website (www.spoc.ca) with the details of the decision, please visit our site to find out more!
It is a huge step forward, and I hope that crosses all hurdles up to the Supreme Court. I do not believe that Parliament will get involved.
Cheers
 

saliksalik

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Sep 16, 2004
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SOMETHING everyone will have to consider if this goes through:

1) If legal every aspect will be subject to taxation --- business, personal income, HST
2) Location of business maybe restricted due to Municipal and Provincial Law --- good chance that "Out of your home" will not be allowed
3) Agency owners will be responsible to Health and Safety legislation for workers
4) Record keeping --- business will have to keep records for tax purpose and records on present and past employees
5) Subject to lawsuits from personal injury to data protection
6) Will require business insurance

All these risks and limitations will most likely raise the cost to hobby

kf1
I am willing t pay the higher cost. It will also create inetnse competition, and prices of moderate class SPs and agencies will comedown.
 

Rockslinger

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Apr 24, 2005
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I am willing t pay the higher cost. It will also create inetnse competition, and prices of moderate class SPs and agencies will comedown.
Once the sigma of illegality (and a criminal record) is removed, I think more ladies will enter the profession (just like more homos came out of the closet). As usual, supply and demand will find its own equilibrium and the price will be the price. Let's hope that the industry doesn't form a cartel like the lawyers did and start price fixing.
 

GPIDEAL

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Jun 27, 2010
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I believe that for the next 30 days you cannot be convicted for prostitution related offences (since The Crown has 30 days to appeal). Even if you are charged now, and go to court after the 30 days have expired.
Reason being there right now is no law that forbids prostitution.

Can a lawyer verify this for me??
Without reading the decision (and the subsequent pages of this thread), if the judge decriminalized the related activities, then what else can they charge you with?

What is the name of this case in case I have to cite it to a cop?
 

hardchocol8te

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Feb 15, 2002
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I hope this doesn't lead to a red light district. It will be guaranteed to be put into the seediest most dangerous put of town. The 'clubbing district' is now a no-go area thanks to all the drunks stumbling around and fighting each other every friday night. The red-light district will be their new home.

Navigating through a herd of hollering frat boys is last thing I want to do on the way to a date.

Combined with toronto's crime problem there will be a shootout every weekend.

Hopefully things will stay decriminalized. Let the ladies work out of their homes.

People love to say "not next to my house" but the reality is, thousands of ladies work craigslist, every day and in the majority of cases the general public doesn't have a clue that a working girl is in business just down the hall.
 

GPIDEAL

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Jun 27, 2010
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I'd like to see Provincial Gvts. move to enact legislation in the Human Rights Codes protecting sex workers from discrimination based on occupation! Currently, occupation is not considered a valid legal 'grounds' for discrimination.
Your point is well taken as there shouldn't be any discrimination for being a sex worker, but by-laws, leases, etc. might still legitimately prohibit girls from working just in any residential neighbourhood or building complex, no?
 

GPIDEAL

Prolific User
Jun 27, 2010
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I hope this doesn't lead to a red light district. It will be guaranteed to be put into the seediest most dangerous put of town. The 'clubbing district' is now a no-go area thanks to all the drunks stumbling around and fighting each other every friday night. The red-light district will be their new home.

Navigating through a herd of hollering frat boys is last thing I want to do on the way to a date.

Combined with toronto's crime problem there will be a shootout every weekend.

Hopefully things will stay decriminalized. Let the ladies work out of their homes.

People love to say "not next to my house" but the reality is, thousands of ladies work craigslist, every day and in the majority of cases the general public doesn't have a clue that a working girl is in business just down the hall.
I had to chuckle about your comment about drunks and fights in the club district (I always saw a few with police presence while downtown for the film fest).

Practically-speaking, they will work out of their homes, especially single-detached ones, but if you're renting or in a condo, there may be rules, regulations or provision to curb or restrict the commercial use of a residence
to prevent any nuisances or public disturbances.
 

Aardvark154

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Jan 19, 2006
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SOMETHING everyone will have to consider if this goes through:

1) If legal every aspect will be subject to taxation --- business, personal income, HST
2) Location of business maybe restricted due to Municipal and Provincial Law --- good chance that "Out of your home" will not be allowed
3) Agency owners will be responsible to Health and Safety legislation for workers
4) Record keeping --- business will have to keep records for tax purpose and records on present and past employees
5) Subject to lawsuits from personal injury to data protection
6) Will require business insurance

All these risks and limitations will most likely raise the cost to hobby

kf1
Read up on the Australian State of New South Wales. Much of what you post is indeed the situation there, however, they seem to have no problem with it.
 
Ashley Madison
Toronto Escorts