Court Rules Canada's Prostitution Laws Unconstitutional.

fuji

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A way around it will no doubt be agreed to by SPs and clients. Such as in outcalls, the money is left in the top dresser drawer and following a session the SP just opens the drawer and takes it. Then the guy can say he didn't give her money or pay her - it was free sex - if she lifted some money from his wallet/drawer and cops do a sting, that is unfortunate she took my money while I was asleep but I don't want to press charges lol.
Juries in other jurisdictions have proven adept at seeing through such schemes. The prosecution will show postings from terb and other sites demonstrating that this is an established practice and therefore there was a reasonable expectation that the woman would take the money.
 

afterhours

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Juries in other jurisdictions have proven adept at seeing through such schemes. The prosecution will show postings from terb and other sites demonstrating that this is an established practice and therefore there was a reasonable expectation that the woman would take the money.
if its a swedish model, a guy should just state for the record that the money are for companionship only and that should be enough
 

mandrill

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But unless the Grits and the NDP are entirely hot air, how is that going to happen when their official positions are for decriminalization.
So far, they are playing true to form. The NDP is fulminating that it should all be de criminalized and the appeal is a silly waste of time. The Libs are weeping and moaning about how women must be protected at all costs. My early $ would be an Australia-type scheme with registered girls and licenced fuck-houses.

I'm not sure even the Tories can try to re criminalize with opinion polls in central Canada and the opposition dead against them.
 

capncrunch

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I'm not sure even the Tories can try to re criminalize with opinion polls in central Canada and the opposition dead against them.
Oh, I don't know about that. Harper's base is in the prairies and fiercely conservative. Now, we all know that for all their noise about free enterprise and keeping the government out of one's private business, some conservatives are very quick to try and legislate morality. If the right-wing base sees prostitution as an affront to morality, they may very well go the route of the US and make everything about prostitution illegal, from living off the avails, keeping a common bawdy house, soliciting and - yep - paying for it. Would not surprise me one bit. Disappointed, sure. Surprised, no.
 

Aardvark154

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My early $ would be an Australia-type scheme with registered girls and licenced [bordellos].
You very may well be correct as to a New South Wales regime, however I would think that outcall would also be left alone.
 
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mandrill

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Oh, I don't know about that. Harper's base is in the prairies and fiercely conservative. Now, we all know that for all their noise about free enterprise and keeping the government out of one's private business, some conservatives are very quick to try and legislate morality. If the right-wing base sees prostitution as an affront to morality, they may very well go the route of the US and make everything about prostitution illegal, from living off the avails, keeping a common bawdy house, soliciting and - yep - paying for it. Would not surprise me one bit. Disappointed, sure. Surprised, no.
They can no longer do that. The court has ruled that criminalizing avails and bawdy houses is no longer acceptable. So they can not prohibit those activities. Neither can they go one step further and criminalize prostitution itself any longer without infringing the same decision.
 

mandrill

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the polls are encouraging. The issue hardly seems a winner for the Tories, if they push a law and morality position on the country. OTOH, the issue isn't a deal breaker for anyone not connected with the business and I doubt you could run an election on it either way.
 

fuji

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I'm not sure even the Tories can try to re criminalize with opinion polls in central Canada and the opposition dead against them.
Here's the problem: It IS an important ballot issue for conservative voters, but it IS NOT an important ballot issue for anybody else.

Harper can shore up his base by criminalizing it, and nobody will lose any votes for going along with that, even if they don't really agree with it, nor can anybody win over any votes by taking a stand against criminalizing it.
 

Rockslinger

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Here's the problem: It IS an important ballot issue for conservative voters,
Harper already has his base in his back pocket, you can't win a vote that you already won. He can piss in their soup and they will still vote Conservatives because they ain't going to vote Liberal (National Energy Program), NDP or Green. On the other hand, Harper needs Ontario and Quebec to maintain his minority. How many Montreal voters will the Conservatives get of they outlaw escorts?
 

afterhours

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You very may well be correct as a New South Wales regime, however I would think that outcall would also be left alone.
outcall is next to impossible to prosecute successfully anyway

but bordellos are more user friendly because you see what you buy and there is a selection right then and there, and you can come party with friends...good bordellos would be awesome

although come to think of it, outcall escorts are more of a courtesans than those inmate type SPs who can be seen by anyone in bordello...outcall SPs have more dignity left, they can be semi-pros while inmates kinda cannot.
 

fuji

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Harper already has his base in his back pocket
Not quite. The C's have the base in their back pocket, but Harper could be replaced as leader of the C's, if he does not throw them a bone now and then. This is an easy bone for him to throw because it is NOT a ballot issue for swing voters.
 

Yoga Face

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“These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms,” Justice Susan Himel of Ontario’s Superior Court of Justice said in Tuesday’s landmark decision

Because an illegal activity is dangerous seems like a poor reason to legalize it

It should be legal because of something called freedom !
 

userz

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I think the criminal laws surrounding prostitution should be geared to deterring and punishing pimps and madams. The bling-bling street pimp and Madam Wong types who bombard CL with "new fresh off the boat!" type ads are the ones who are going to be targeted by amendments to the Criminal code. I expect the Conservatives to go for broke in the matter and try to have everything made criminal (buying, selling, incall, outcall) as prostitution does not sit well with their core constituency. The Bloc Caucus will be the only one that will be unanimously in favour of decriminalized prostitution.
 

afterhours

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I think the criminal laws surrounding prostitution should be geared to deterring and punishing pimps and madams. The bling-bling street pimp and Madam Wong types who bombard CL with "new fresh off the boat!" type ads are the ones who are going to be targeted by amendments to the Criminal code. I expect the Conservatives to go for broke in the matter and try to have everything made criminal (buying, selling, incall, outcall) as prostitution does not sit well with their core constituency. The Bloc Caucus will be the only one that will be unanimously in favour of decriminalized prostitution.
pimps and madams are the only ones who are able to deliver a girl to my door
without them it's gonna be catastrophe
the girls need discipline
 

Rockslinger

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The Bloc Caucus will be the only one that will be unanimously in favour of decriminalized prostitution.
Maybe Quebec will use the notwithstanding clause if the Harperites make sex illegal in Canada. I attended university and lived in Montreal for many years before moving to Toronto.
 

userz

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Maybe Quebec will use the notwithstanding clause if the Harperites make sex illegal in Canada. I attended university and lived in Montreal for many years before moving to Toronto.
They can't because the Criminal Code is under federal purview. But what makes Quebec different is that it doesn't have the Protestant kill-'em-all-and-let-G-d-sort-'em-out mentality. During the last federal elections when Harper was going out about tougher sentences for young offenders Duceppe took it and ran with it because the prospect of harsher sentences for anyone, particularly youth really doesn't fly in Quebec.
 

mandrill

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The argument would be that criminalizing the act of prostitution itself - if legislated - would be an infringement on the "life, liberty and security of the person" provision of the constitution (s. 7) because it would increase the jeopardy to the girls by preventing them from accessing law enforcement assistance when beaten or raped and this infringement is not "saved" constitutionally by the negligible benefit to society of criminalizing a victimless crime.

The risk substantially outweighs the arguable and slight benefit.
 
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