Most recent articles on prostitution related laws, opinions, comments
- Thread starter gustave55
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Ah yes! That's it! I couldn't remember her name. Thx reverdy! Ur posts are golden! Xo
That is true. But a reference could send all of the provisions to an appellate court to rule on. Right now, even if someone is charged with profiting from prostitution, someone else would have to challenge the advertising ban, and yet someone else would have to challenge the purchasing ban. A reference could sweep all of the laws into one reference case.
Wouldn't it be possible for any provincial gov't to ask for a Supreme Court reference as soon as the bill is passed?
Also, rather than a new gov't asking for a reference after the 2015 election would it be possible for a new gov't to simply scrap the law, and start over or simply scrap the law and leave it at that? We already have laws against human trafficking and abuse of minors and sexual assault and all the rest of it. Do we need any new laws?
By the way, the pro C36ers and the Conservative government have been making a concerted effort to conflate sex work with human trafficking. Yet the majority of those trafficked are brought into the country to work on our farms, the second largest group are domestic help, nannies and people like that. There is actually very little evidence of trafficking people in the country to work in the sex trade.
It's possible. From this link:
http://seancasey.liberal.ca/communications/sean-in-the-news/hill-times-feds-antiprostitution-legislation-destined-legal-challenge-years/
''A federal or provincial government could send a reference to the Supreme Court of Canada or a provincial Superior Court or Queen’s Bench, in which they could pose a question or questions to the court about the constitutionality of various points of the bill and allow the court to declare its constitutionality. This reference could be initiated at any time, when the law is at any stage of the lawmaking process. ''
Many experts say there is maybe not enough evidence now to predict the effect of the law, so this may not be the best option now. But they can simply tell their prosecutors not to lay charges with this law.
I could be wrong and I hope I am but I think it's only the Federal Reform Party or the Reforms laced Senate that can order the bill to the Supreme Court.
Well, I believe the law is that only the Governor-in-Council can refer questions directly to the SCC. The GIC is basically the Governor General who takes instructions from the Cabinet. So, whoever has formed the government can ask the GG to refer the question to the SCC. If after October 2015, the Liberals or NDP are in power, they can make a direct reference to the SCC.
The provincial governments have something similar, although they can only refer questions to their province's Court of Appeal. A victory at any provincial Court of Appeal would basically make the law a lame duck everywhere in Canada.
Someone asked on another forum if the new bill could "be tested via a class action lawsuit, as it seems to deliberately put Industry workers in harms way?"
No.
The industry workers (or a public interest group who represents the affected) can simply challenge the law as being unconstitutional alleging that the law infringes on the workers' rights. That's what Bedford, Lebovitch and Scott did.
Yes, but we know there is no one in the Conservative government listening to reasoned argument. We have to get rid of this vile regime before we can get rid of this vile law. In just over a year's time, both will be history. 384 days to go. I wish it was sooner.
After this bill pass, will the police take it into effect immediately?
For example, if a girl show up in my hotel room, could the police force into my room and arrest me for this?
Just curious about this!
This is a stupid law.
Then, with this law, a lot of marriage become illegal too!
Husband works for money to support his family, his children, and above all sex with his wife.
Thus, he is paying for sex too! Haha!
For example, if a girl show up in my hotel room, could the police force into my room and arrest me for this?
Just curious about this!
This is a stupid law.
Then, with this law, a lot of marriage become illegal too!
Husband works for money to support his family, his children, and above all sex with his wife.
Thus, he is paying for sex too! Haha!
I think that the law is so flawed, that Crown Prosecutors will be wary of taking anybody to trial over it. That's because there is a real possibility that a judge could acquit on the basis that sections of the law are unconstitutional, making it a lame duck. Plus, some prosecution services could direct their Crowns and police corps not to enforce certain sections of the law so as to spend limited resources on more cost-beneficial enforcement; that seems to be the direction in Quebec.
http://www.parl.gc.ca/HousePublicat...Pub=projected&Language=E&Mode=1&Parl=41&Ses=2
Bill C-36 in the house of commons at 10 am
Bill C-36 in the house of commons at 10 am
