Prostitution Appeal to Be Heard Monday

[canada-man]

Prostitution Appeal to Be Heard Monday
Posted By: Newstalk 1010 · 6/12/2011 3:17:00 PM
Beginning Monday here in Toronto an appeal is set to be heard of an Ontario judge's ruling striking down three key anti-prostitution laws.

The judge in the original case ruled that the laws against keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade were contributing to the danger faced by prostitutes.

Both the federal and provincal governments are appealing last year's ruling.

The sex-trade workers say the laws violate the Canadian Charter of Rights and Freedoms by forcing prostitutes to choose between their liberty and their security. They say the laws prevent them from working indoors where it's safer, taking time to talk to a potential client to assess the risk they pose and hiring bodyguards.

Supporting their argument are the B.C. and Canadian civil liberties associations, a coalition of HIV/AIDS groups and several groups representing sex-trade workers.

``Even assuming that prostitution is inherently harmful, as the (governments) allege, this does not change the fact that the risks of physical violence against persons engaged in prostitution are increased by the impugned provisions,'' the Canadian Civil liberties Association argues in court filings.


http://www.newstalk1010.com/News/localnews/blogentry.aspx?BlogEntryID=10248459

 

[N1ghth4wk]

I read in the Star today that the Conservative party voted this past weekend one of their priorities over this coming term is to be to pursue avenues that will keep prostitution illegal. Given that this is a constitutional challenge, I'm not sure what they could do in terms of re-writing the law to make it constitutional. Nothing I would think. Their only recourse would be to amend the constitution... Good luck with that!!

 

[Aardvark154]

I read in the Star today that the Conservative party voted this past weekend one of their priorities over this coming term is to be to pursue avenues that will keep prostitution illegal. Given that this is a constitutional challenge, I'm not sure what they could do in terms of re-writing the law to make it constitutional. Nothing I would think. Their only recourse would be to amend the constitution... Good luck with that!!

It was a "feel good" resolution.

I doubt the Goverment will do anything they will "blame it on the courts" and leave it at that.

 

[cancowboy2001]

I read in the Star today that the Conservative party voted this past weekend one of their priorities over this coming term is to be to pursue avenues that will keep prostitution illegal. Given that this is a constitutional challenge, I'm not sure what they could do in terms of re-writing the law to make it constitutional. Nothing I would think. Their only recourse would be to amend the constitution... Good luck with that!!

Can Parliament use the notwithstanding clause to override the Charter?
At least change the law for five years (at a time).
http://en.wikipedia.org/wiki/Section_Thirty-three_of_the_Canadian_Charter_of_Rights_and_Freedoms

 

[afterhours]

Can Parliament use the notwithstanding clause to override the Charter?
At least change the law for five years (at a time).
http://en.wikipedia.org/wiki/Section_Thirty-three_of_the_Canadian_Charter_of_Rights_and_Freedoms

seven of the ten provinces and two of the three territories have never used the power of override; nor has the federal parliament (c)

 

[N1ghth4wk]

It was a "feel good" resolution.

I doubt the Goverment will do anything they will "blame it on the courts" and leave it at that.

You're probably right,Aardvark. Put there to keep the old Reformers happy. I doubt there is anything they could/would do.

 

[N1ghth4wk]

Can Parliament use the notwithstanding clause to override the Charter?
At least change the law for five years (at a time).
http://en.wikipedia.org/wiki/Section_Thirty-three_of_the_Canadian_Charter_of_Rights_and_Freedoms

DAMN!! The Notwithstanding clause!!

That's not a trigger I would think anyone would want to pull over prostitution laws. But it would be interesting to here from any legal experts on this.

 

[cancowboy2001]

I was thinking if the government (ie the Conservatives) changed the law to be the same or similar to the Swedish law - prostitution legal; clients illegal - then more people would be happy.

The Conservative base would be please the government would be doing something about the "problem".
The feminists and pro-legalization side would be pleased the providers were not being prosecuted.
The clients would be unhappy but most would not publicly complain because of the stigma.
Prostitution would decrease (as demonstrated by Sweden).

Win win win win.

Plus if they change the law preemptively, the Charter case becomes moot.
Moving the goalposts can be an effective strategy.

 

[canada-man]

so it is easy to clients to use prostitutes in Sweden?

 

[mandrill]

The "notwithstanding clause" has only been threatened once - over a BCCA ruling that struck down some kiddie porn provisions. The govt appealed the ruling to the SCC which obligingly reversed the BCCA, reinstated the provisions and deflected the threat. That is the sole time that the govt has rattled this particular saber and they would almost certainly not do it over something as divisive as prostitution.

 

[nottyboi]

I read in the Star today that the Conservative party voted this past weekend one of their priorities over this coming term is to be to pursue avenues that will keep prostitution illegal. Given that this is a constitutional challenge, I'm not sure what they could do in terms of re-writing the law to make it constitutional. Nothing I would think. Their only recourse would be to amend the constitution... Good luck with that!!

A government can pass ANY law recognizing it is unconstitutional by using the Notwithstanding clause. So they may judge (correctly I believe) that the vast majority of Canadians will not give a crap about an unconstitutional law that prohibits prostitution. Thanks again to all you morons that voted conservative.

 

[N1ghth4wk]

I was thinking if the government (ie the Conservatives) changed the law to be the same or similar to the Swedish law - prostitution legal; clients illegal - then more people would be happy.

The Conservative base would be please the government would be doing something about the "problem".
The feminists and pro-legalization side would be pleased the providers were not being prosecuted.
The clients would be unhappy but most would not publicly complain because of the stigma.
Prostitution would decrease (as demonstrated by Sweden).

Win win win win.

Plus if they change the law preemptively, the Charter case becomes moot.
Moving the goalposts can be an effective strategy.

What? Prostitution would decrease? What kind of win is that? That would suck!!

 

[d_jedi]

It wouldn't need a constitutional change.. just a law to make prostitution flat out illegal. Obviously, I think that's a terrible way to go about things.. but there are those nutjobs in the Conservative party who would wholeheartedly support such a thing..

 

[Tangwhich]

A government can pass ANY law recognizing it is unconstitutional by using the Notwithstanding clause. So they may judge (correctly I believe) that the vast majority of Canadians will not give a crap about an unconstitutional law that prohibits prostitution. Thanks again to all you morons that voted conservative.

I agree with Oagre. The political cost of using the notwithstanding clause is far too high for them to use it on this issue. Save the hatred for the voters please.
I couldn't believe the Chretien govt. didn't use it for the kiddy porn law, but I didn't blame the voters.

 

[nottyboi]

It wouldn't need a constitutional change.. just a law to make prostitution flat out illegal. Obviously, I think that's a terrible way to go about things.. but there are those nutjobs in the Conservative party who would wholeheartedly support such a thing..

No I think there is already enough precedents out there that make it difficult to just ban it. I suspect they will take the human trafficking angle to sell a very draconian law. I wonder what the agency owners are doing to prepare for the coming storm?

 

[N1ghth4wk]

A government can pass ANY law recognizing it is unconstitutional by using the Notwithstanding clause. So they may judge (correctly I believe) that the vast majority of Canadians will not give a crap about an unconstitutional law that prohibits prostitution. Thanks again to all you morons that voted conservative.

I love Liberals!! They make me laugh when they lose. Last time they lost it was.. "Hey, let's change the rules and form a coalition government with the Bloc". This time it's "Hey, let's change the way votes are counted (electoral reform), so that the Liberals could win, even if they don't win their ridings" Liberals are such losers. Even when they lose, they insist on acting like greater losers than they are. Guys... give it up... you no longer need to act like losers... we know you are losers already!! Geez!!

 

[N1ghth4wk]

I agree with Oagre. The political cost of using the notwithstanding clause is far too high for them to use it on this issue. Save the hatred for the voters please.
I couldn't believe the Chretien govt. didn't use it for the kiddy porn law, but I didn't blame the voters.

Of course the political cost is too high. It's only Liberal scare mongering loonies like nottyboi that make such stupid statements.

 

[N1ghth4wk]

No I think there is already enough precedents out there that make it difficult to just ban it. I suspect they will take the human trafficking angle to sell a very draconian law. I wonder what the agency owners are doing to prepare for the coming storm?

LOL Keep talking Nottyboi.... don't forget to let everyone know that they will open up the abortion issue again and jail women who seek abortions in this country. They'll probably bring back the death penalty for the doctors g that perform abortions too. Right, Nottyboi?

 

[Aardvark154]

No I think there is already enough precedents out there that make it difficult to just ban it. I suspect they will take the human trafficking angle to sell a very draconian law.

No, the sky is not falling.

Go have a gin & tonic or something.

 

[nottyboi]

I love Liberals!! They make me laugh when they lose. Last time they lost it was.. "Hey, let's change the rules and form a coalition government with the Bloc". This time it's "Hey, let's change the way votes are counted (electoral reform), so that the Liberals could win, even if they don't win their ridings" Liberals are such losers. Even when they lose, they insist on acting like greater losers than they are. Guys... give it up... you no longer need to act like losers... we know you are losers already!! Geez!!

There was no change in the rules there at all. It was Harper that suspended parliament in order to avoid a confidence vote that changed the rules. The Libs, NDP and Bloc had the seats and the votes.