Prostitution blues 1
No, the sky isn’t falling —the feds will pass new laws to address the ‘harms’ of the sex trade
alan-shanoff BY ALAN SHANOFF ,TORONTO SUN
You’d think the sky was falling with all of the misconceptions circulating concerning the recent Supreme Court of Canada decision striking down our prostitution laws.
No, the Supreme Court has not legalized prostitution.
The case before the court was never about the legalization of prostitution.
Prostitution was legal before the decision was released.
The Criminal Code created various offences concerning the use of brothels, living off the avails and communicating in public for the purpose of buying or selling sex.
It is these offences which have been invalidated by the Supreme Court ruling, effective in one year.
But prostitution itself was and remains legal.
No, sex trade workers will not be flocking to your neighbourhood any more than they already have.
Here’s a news flash: They are already in many neighbourhoods, but most of us don’t know it.
Prostitutes already see clients in the warmth of their homes, apartments, condominiums and hotel/motel rooms.
They have been doing so under our noses, albeit illegally.
That’s because the use of any home, apartment or even a hotel room on a frequent basis for the purposes of prostitution violates the brothel prohibition.
No, the Supreme Court decision won’t increase the number of sex trade workers as the fear of prosecution diminishes. Does anyone think sex trade workers decide to get into the business after a thorough study of the criminal law and the legal risks of prosecution?
There are already plenty of sex trade workers.
They may not be in your neighbourhood but they are openly advertising in various publications and online. Check out Craigslist, for example.
No, the Supreme Court decision won’t normalize prostitution.
Prostitution was already legal and has been a thriving enterprise for a considerable period of time, as evidenced by the substantial advertising expenses incurred by the industry.
No, the decision won’t increase the incidence of sex slaves and human trafficking.
Criminal laws concerning these offences remain valid.
If we want to reduce the incidence of sex slaves and human trafficking, we need to put more resources into investigating and prosecuting those offences.
But attempting to enforce a moral code by criminalizing prostitution, or the activities surrounding it, is a waste of resources.
If society is serious about helping sex trade workers the best thing we could probably do is lighten up our hysterical — see Reefer Madness — drug laws.
To the extent prostitutes trade sex for money to afford their drug habits, we need to fix our antiquated drug laws.
Ending the prohibition on drugs would bring prices down, thereby reducing the need to trade sex for money, or sex for drugs, as well as reduce the power of criminal gangs.
When are we going to realize there is no real distinction between being in a drunken, alcoholic stupor and smoking crack cocaine? Both are equally dumb but neither should be illegal.
If you think about it, the same arguments used to strike down the prostitution-related laws could be used to strike down drug laws.
Why should the vulnerable, those with drug addictions, people with disabilities, be forced to risk their safety by compelling them to deal with criminals to obtain the drugs they require?
Doesn’t that violate their right to security of the person just, as the prostitution-related laws exposed prostitutes to risks and violated their security of the person?
But let’s not worry too much.
No, our drug laws are not about to change and the Supreme Court hasn’t shut the door on the criminalization of prostitution, or any activities related to it.
They have acknowledged the federal government may pass new laws on “where and how prostitution may be conducted”, provided they comply with the Charter of Rights and Freedoms.
Finally, the federal government has already announced it will pass new laws to address what they perceive as the “harms” that flow from prostitution.
So, no, the sky isn’t falling.
http://www.torontosun.com/2013/12/28/prostitution-blues