London, Ont. court case could challenge Canada's prostitution laws

[Jasmine Raine]

http://www.cbc.ca/news/canada/london/london-ontario-bill-c-36-prostitution-laws-1.4520736

Canada's prostitution laws could be put to the legal test in a London, Ont. courtroom where two people are charged with human trafficking, advertising sex and profiting from the sex trade.

Hamad Anwar and Tiffany Harvey face more than two dozen sex-related charges each, including making money from the sex trade, advertising sexual services, and forcing someone into the sex trade.

The charges relate to a bust made by London police at an escort service in November 2015.

The accused are being represented by well-known Toronto lawyer James Lockyer.

Court documents indicate he will launch a constitutional challenge to the charges on Tuesday.

Lockyer declined several interview requests from CBC News.

'We always knew there would be a constitutional challenge'
Experts have predicted it was only a matter of time before Canada's three-year-old prostitution laws, contained in Bill C-36, were challenged.

The new laws criminalize the advertising and buying of sex — but decriminalize its sale.

Proponents say it's the right model because it punishes people who buy sex, not those who sell it.

But opponents say the laws force sex work further underground and criminalize advertising sex, which allows those in the sex trade to screen their clients ahead of a meeting.

"Prostitution is male violence against women, which is a serious barrier to gender equality and is incompatible with the internationally-accepted principles of human rights," said Megan Walker, the executive director of the London Abused Women's Centre.

"We always knew there would be a constitutional challenge. I think it's good to have some closure on this, although I recognize that getting to the Supreme Court could be years away. It will highlight the issues and I am confident that at the end of the day, the ruling will stand."

Canada's new prostitution laws were passed at the end of 2014.

 

[canada-man]

how did the bust happened in the first place?

 

[canada-man]

i found the news report

http://www.lfpress.com/2015/11/10/l...cking-charges-shut-down-fantasy-world-escorts


Instead of lingerie-clad women in suggestive poses, some would-be customers of a city escort agency who looking for services online found themselves facing a message from London police Tuesday.

“The www.fworld.ca domain has been closed,” said the message posted on a black screen that had once been the online home of London-based Fantasy World Escorts. “The London Police Service continues to investigate.”

And in case it isn’t perfectly clear what police think of the agency, the next line spells it out:

“Victims of human trafficking are encouraged to contact the hotline at 519-660-5842 for support."

Police said soon that message will face anybody who types up the agency's address, but as of Tuesday night, some people could still see the original website.

Police said Tuesday they shut down the agency and charged its owners with several human trafficking-related offences after a seven month investigation triggered by complaints from the public. So far they’ve identified two victims, and say there are more.

“The investigation flowed from a number of complaints we received from the public. There were concerns about illegal advertising and human trafficking occurring,” said Det. Sgt. Bill Berg, head of London’s organized crime section.

So far, investigators have identified two adult women and are providing them with support services that include connecting them with agencies, he said.

Berg said police believe there may be more women involved and have set up the hotline for others to call.

At least nine women were being advertised through the escort agency before it was shut down and Berg said police believe between 20 and 30 have been involved at some point.

“Some might get in and be willing participants, but later they might feel oppressed and intimidated. There are elements of intimidation . . . identified through this investigation,” he said.

More than $100,000 in cash, two vehicles, pepper spray and a Taser were seized during Fantasy World searches on Saturday, said police, declining to speculate on whether or how the weapons had been used.

Berg said police conducted nine searches Saturday, including at the main business office of the agency as well as two locations where “meetings” took place.

Among the charges issued against the suspects are three counts of “advertising another person’s sexual services” — the first to be laid in Canada under the country’s new and controversial prostitution laws. The new laws criminalize advertising and purchasing sex, but decriminalize its sale.

In a news release Tuesday, the London Abused Women’s Centre praised the move to shut down the agency and to lay the charges.

“The exploitation of women and girls in prostitution and sex trafficking is life-threatening,” the centre said in a release.

“It is a human right for women and girls to live free of exploitation in prostitution. (We) applaud the actions of London Police Services in helping women and girls live their lives free from violence.”

Some sex workers and their advocates have condemned the anti-advertising laws, saying it takes away women’s ability to advertise their services and check out possible clients in advance.

Though sex workers can’t be charged for advertising their services, Internet platforms, newspapers and other print publications can be charged.

The advertising offence carries a maximum penalty of five years in prison on conviction.

The Free Press wrote about Fantasy World Escorts in 2011. Back then, the agency was located in a three-storey mansion on Commissioners Road East. It provided both in-house and out call services, charging as much as $360 an hour, a Free Press investigation found.

Months later, the owner of the Commissioners Road property, who said he was unaware it was being used as an escort agency, evicted the tenants.

“Because of the Free Press article last time, they went underground (and) it was much more quiet,” Berg said. Police wouldn’t say where the agency was operating before it was shut it down this week.

Hamad Anwar, 26, and Tiffany Harvey, 24, are charged with three counts each of benefiting from sexual services, possessing proceeds of crime, three counts each of advertising another person for sexual services, two counts of trafficking, two counts of procuring or exercising control and one count of trafficking a person over 18.

 

[Jasmine Raine]

Normally I have you on ignore but back to back posts made me curious.

Thank you very much for added the original news report. The context will be very helpful for the discussion.

 

[Mr Deeds]

I think a constitutional challenge on the current law is good but if these people we actually trafficking and forcing woman into the trade they should e put away for life.

 

[ilikewindmills]

Correct me if I am wrong, but it still needs to be defined what prostitution is, does a lap dance count ? a handjob? a spanking? etc

 

[FAST]

Hopefully this will result in an improvement.

Maybe someone can explain how owning an agency can be separated from trafficking.

Allowing an individual to "purchase" an escort's services, should be relatively easy to correct,... but then again,... religion will pop up its ugly head, and the #metoo bunch will be out in force along with other women's "rights groups",.... and not to forget,.... "Uh,... ahhh,.... Uh,.... aaah".

One can only hope.

 

[_Melissa]

The law should banned and punish those involved in sex trafficking, pimping and any form of forcing people to work this industry against their will. It should not punish 2 fully consenting adults from doing what they want to do with their money and bodies. Doesn’t that go against human rights? Why should the law dictate what I can and can’t do with MY body? Why should the law dictate what a man can and can’t do with his own hard earned money? We are tax paying citizens here... the law needs to focus on the real victims and leave everyone else alone.

 

[_Melissa]

....if you read the article you would see that it's agency owners being charged with human trafficking. so your little tirade is misplaced. none of the sex workers are charged.

Hmmm. I’m not talking about just the article. I’m clearly generalizing. I’m talking about the law and the sex industry as a whole and not just this one little article sweetheart. I’m making a comment in regards to what the poster of this thread wrote:

“The new laws criminalize the advertising and buying of sex — but decriminalize its sale.”

Im saying that it’s stupid to focus on whether or not I’m advertising sex when the focus should be put on real victims. Im saying it’s stupid that I can’t advertise it but it’s ok to sell it.

I’m agreeing that these owners were rightfully charged but if you actually see what’s going on in the world, sex workers Have to deal with laws surrounding what they are allowed and not allowed to do with their own bodies. Men are being told what they can and can’t spend their own money on. If you’re capable of looking at the bigger picture beyond one little article you’d see my comment is not misplaced and is exactly where it needs to be. It’s just an opinion. Which I think I’m entitled to... Try to smile today ok?

 

[lomotil]

Hmmm. I’m not talking about just the article. I’m clearly generalizing. I’m talking about the law and the sex industry as a whole and not just this one little article sweetheart. I’m making a comment in regards to what the poster of this thread wrote:

“The new laws criminalize the advertising and buying of sex — but decriminalize its sale.”

Im saying that it’s stupid to focus on whether or not I’m advertising sex when the focus should be put on real victims. Im saying it’s stupid that I can’t advertise it but it’s ok to sell it.

I’m agreeing that these owners were rightfully charged but if you actually see what’s going on in the world, sex workers Have to deal with laws surrounding what they are allowed and not allowed to do with their own bodies. Men are being told what they can and can’t spend their own money on. If you’re capable of looking at the bigger picture beyond one little article you’d see my comment is not misplaced and is exactly where it needs to be. It’s just an opinion. Which I think I’m entitled to... Try to smile today ok?

Your opinion is also shared by LE in Ontario as per instruction from the provincial Attorney General and Premier Wynne to disregard the Harper creation Bill C36 for the most part. The judge may take into consideration the behaviour from Queen's Park in deciding this case. The sex trade is actually flourishing more since Bill C36 came in. "Common Bawdy House" busts are now a thing of the past. When was the last time you heard of any customers being arrested for purchasing sex other than if the sex workers were underaged. In Ontario, LE only targets aspects of the sex trade involving underaged sex workers, the drug trade and black pimps as evidenced by those being arrested.

 

[sempel]

using a case where escort agency owners are accused of human trafficking to challenge the current prostitution laws is ridiculous. the proper case to challenge the laws would be if police charged a service like TERB, which is only involved in hosting the ads and not actually directly taking away portions of our hourly pay or directing us to service specific customers. or if police charged a client for buying sex, which is probably the most contentious anti-sex work law on the books right now. but police will probably never bother with non-exploitative cases like that, because the public support for that is low.

Yeah I was thinking the same thing and you beat me to the punch!

Clearly this specific case has little/nothing to do with prostitution/escort services and the laws surrounding that. I'm guessing a few customers (or concerned citizens) made a complaint, an investigation was warranted, and crimes were taking place. If you meet a girl through an agency and something doesn't smell right (she either explicitly indicates she's underage, being trafficked, there against her will, etc. or indirectly hints at something), put in an anonymous complaint and don't use that agency again.

 

[huckfinn]

Not surprised this is happening in London.....very conservative town.

 

[Terminator2000]

when is this going to happen? this was way back in 2015. three years ago

 

[lomotil]

when is this going to happen? this was way back in 2015. three years ago

,
At the time of the arrest there were substantial less brothels operating in the GTA then now. Currently the climate is very very liberal around the GTA. Perhaps London is more conservative? Maybe the nudge wants to make history with a landmark ruling?

 

[Aardvark154]

Does anyone know specifics about the charge of trafficking a person over 18?

 

[_Melissa]

Just because I had an opinion about one specific part of the article in direct relation to the entire industry doesn’t mean I’m dismissing the point of the article in its entirety. It’s called a sub topic. Relax people...

 

[legmann]

Correct me if I am wrong, but it still needs to be defined what prostitution is, does a lap dance count ? a handjob? a spanking? etc

Prostitution, in this context, is already well-defined.

The (deliberately) ambiguous term you're referring to (as worded in C-36) is 'sexual service'.

 

[Freedom1970]

Prostitution as violence to women is such propaganda nonsense. Can't believe anybody believes that crap. Shows how idealogs will convince themselves of anything to justify imposing their ideals on other human being..... Just look at ISIS

 

[krazyplayer]

They need to win this challenge. The way the law is written any 3rd party can be charged for even carrying the ads.
The phone books quit & most of the classifieds quit. Even website hosts can be charged. That's why TERB went to .cc from .ca.
It is a ridiculous law.

No one is alleged to be coerced. They applied for the job.
People should be able to work for an agency if they choose to. They provide booking services and security. That's why many select agencies as their preferred way of doing sex work.
I hope they win.

 

[Doug]

This is not an easy situation. As is many cases, there's more to it than first appears. Drugs and weapons were seized, on a rather high-end residential (yet arterial) street. Regardless of London being conservative or not, LE has more things to do than prosecute SPs. The LE in London have been in general quite decent, but in this case they were moved to act because the presence of a brothel in a high-end neighbourhood led to citizen complaints, as did hearing of complaints from former and current "contract workers" at fworld. One former worker who was "close" to one of the principals in the business, started a flyer distribution campaign in the neighbourhood, which as I heard led to an expected threat of repercussions from the fworld owners.
For more background and gossip, you can follow on this site:http://www.londonsugar.com/forums/showthread.php?t=27249
I'm not sure if you have to be a subscriber to read that, but it's similar in operation to terb, just more local.