Court Rules Canada's Prostitution Laws Unconstitutional.

alexmst

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Dec 27, 2004
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In holland it's pretty good for both, except it's almost not cool to go to SPs. Same thing now with marijuana in California by the way, it's almost legal therefore not cool anymore.
"I thought it had to do with the forbidden. The attraction to the forbidden in the forbidden. The forbiddenest. But it still wasn't much of an answer."

- David Bezmozgis (Short story "Natasha" from The New Yorker Magazine)
 

fuji

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struck down because they infringed Women's security interests under s.7 of the Charter.
Not quite. They were struck down because they forced a woman to choose between her right to security, and her right to liberty. The right to liberty is only there because the underlying act is legal. Make the underlying act illegal and the woman doesn't face that damning choice.

That said I hope you're right, but I guarantee you that as we speak there are Conservative government lawyers poring over their law books looking for a way to slam down the hammer.
 

alexmst

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Make the underlying act illegal and the woman doesn't face that damning choice.

That said I hope you're right, but I guarantee you that as we speak there are Conservative government lawyers poring over their law books looking for a way to slam down the hammer.
Agreed +1
 

GPIDEAL

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Jun 27, 2010
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Isn't the right to liberty, freedom to choose (so long as it doesn't infringe on the rights of others), as opposed to what a law permits?

Doesn't the 'right to liberty' trump a law that made prostitution illegal (assuming there was one)? IOW, it's a legal principal that shouldn't be defined by statutes.
 

Rockslinger

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The right to liberty is only there because the underlying act is legal. Make the underlying act illegal and the woman doesn't face that damning choice.
Can they make gay mariages illegal too? If yes, there are some redneck Conservatives who would love to do so.
 

simon482

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Feb 8, 2009
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so is it legal now, from the street level all the way up to the top ?
 

simon482

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Not for 30 days, and maybe longer than that if the government gets the stay extended.
which they will. cool that it is heading that way though. maybe someone can set up a union or something that can make it safer for the girls and get rid of the abusive pimps.
 

alexmst

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Isn't the right to liberty, freedom to choose (so long as it doesn't infringe on the rights of others), as opposed to what a law permits?

Doesn't the 'right to liberty' trump a law that made prostitution illegal (assuming there was one)? IOW, it's a legal principal that shouldn't be defined by statutes.
Hey in the U.S. we have the right to life, liberty and the pursuit of happiness. But that doesn't include a right to see SPs legally.

So the right to liberty you mention depends on numerous factors. Do drug users have a right to buy drugs? Does everyone have a right to drive a car if they can afford one, do we have a right to see SPs? Do we have a right to smoke in the mall? Do we have a right to walk naked in the street, donate to the IRA or some other such group, spit on the sidewalk, park wherever we want, etc, etc. A lot of things that may give us happiness are not allowed by various laws.
 

Ceiling Cat

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Feb 25, 2009
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I think that now the gun registry debate has been settled, the government needs a new agenda. They will gauge how the public reacts to the court ruling and run with it. Lets see if the Manitoba judge is re-instated to the bench and lets see if a McBJ franchise opens up near you soon.
 

oldjones

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Aug 18, 2001
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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
Perhaps, but only the Feds can do it. Since they cannot compel the Provinces to issue licenses, or require records (or do anything) it would be rather a stretch. Sorry for getting all technical-legal: 'Crimes' are really, really cross-yer-heart dead seriously awful things that make every good person wanna puke at the thought, 'cause no good person does that. That's why our only our federal Queen signs such laws, not the varous provincial Queens. If you were her Executioner and gave someone the chop w/o the right paperwork that might be a crime, but only because murder's a crime, not the lack of license.
 
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oldjones

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Aug 18, 2001
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so is it legal now, from the street level all the way up to the top ?
It always was legal. The case was about the things that were not legal: communicating for the purpose, bawdyhouse offences and such. Those are what was struck down. It was not said that no such law is possible, so we might get new ones that do the same stuff better, and there's always the good ol' notwithstanding clause. Right now we're all in a kind of holding pattern until we see if the Feds are gonna drop the other shoe. The best answer, like before is, "Sorta". Only maybe a bit more so.
 

afterhours

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Hey in the U.S. we have the right to life, liberty and the pursuit of happiness. But that doesn't include a right to see SPs legally.
that's because there is no right to happiness, there is only the right to pursue it :)
 

afterhours

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$10 says that if they legalize it and tax it the prices will go up, and unlicensed SPs will still be around and be undercutting the legal ones because they don't have this additional expence.
 
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