A Toronto judge has struck down Canada’s prostitution laws, effectively decriminalizing activities associated with the world’s oldest trade.
“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.
The long-awaited judgment had been on reserve for nearly a year.
The decision is effective immediately. (See update below.)*
Himel said she did not believe it was appropriate to temporarily suspend her finding that prostitution laws are invalid, as judges often do when they strike down legislation as unconstitutional. Temporarily delaying the invalidation of a law gives Parliament a chance to fashion new legislation, if it chooses.
“I have found that the law as it stands is currently contributing to dangers faced by prostitutes,” she said.
“I am mindful of the fact that legislating in response to prostitution raises difficult, contentious and serious policy issues and that it is for Parliament to fashion corrective legislation,” wrote Himel.
For background on this landmark case, check out my recent piece here:
Says Valerie Scott of Sex Professionals of Canada (SPOC), “I laugh when people say they've never met a sex worker. Yes you have. You just don't know it. And if you live in a condominium building, there are one or two sex workers in there. You just don't know it.”
All of which makes this new regulation absurd, says Scott, especially since there are many tough laws dealing with the very real problems of human trafficking, child exploitation plus other crimes associated with organized crime.
The new regulations should leave the consenting adult sex workers – small business operators, in essence—alone.
“Lumping us under organized crime and giving us a five-year prison sentence for working indoors, in safe clean environments, is ridiculous,'' says Jones, which, of course, is not her real name. “We're not trafficking in drugs, we're not trafficking in people, we're providing a service.''
But, to the minority Conservative government, it's all part of law-and-order agenda which includes a $9 billion investment in new prisons.
“This government engages a lot in symbolic politics,'' says lawyer Alan Young, who has been fighting a constitutional challenge on behalf of Ontario members of SPOC, arguing that the current laws put prostitutes at risk. “There are some things the Conservatives do that actually have a dramatic impact on the criminal justice system — and they may be negative — but there are a lot of things they do that have very little impact. They simply are being done to send messages that we are the tough old boys from a different moral era.''
Regular readers know I am a big supporter of the decriminalization of prostitution. More thoughts here and here.
But I acknowledge that there are huge rifts amongst feminists on the topic. There are those who feel it is the exploitation of women, which it most definitely can be; others who say it leads to sex trafficking, although the evidence doesn't support that and, anyway, there are separate laws to deal with that; and, finally, there are feminists like moi who feel that, if you are an independent sex entrepreneur, fully consenting and aware of what you are doing, then you have the right not to be beaten, raped, killed while plying your trade.
After all, prostitution in Canada is perfectly legal.
Until now ...
Watch the usual suspects go cuckoo bananas.
More to come ...
* Note that this is an excerpt of the very first file on The Star's website which was subsequently updated and corrected. In fact, the decision is effective in 30 days. Sorry for the confusion.
UPPITY WOMAN DATE: More.
If upheld on appeal, the decision will plunge Parliament back into the extremely divisive and complicated job of criminalizing an activity that is not itself illegal.
Indeed, successive governments have been branded hypocritical for taking a legal act and erecting criminal impediments to every aspect of carrying it out.
Judge Himel said that any doubt about the dangers to women was dispelled when serial killer Robert Pickton's targeted women in a killing spree at his Vancouver pig farm.
She heard evidence during a weeklong hearing last year that as many as 300 sex-trade workers, most of whom were street prostitutes, have disappeared since 1985.
“It is estimated that street sex work makes up less than 20 per cent of prostitution in Canada, but they appear to account for more than 95 per cent of the homicide victims and missing women,” said a key witness for the litigants, Simon Fraser University criminologist John Lowman.
Judge Himel stressed that several other provisions relating to the sex trade remain in effect. These include prohibitions against child prostition; impeding pedestrian or vehicular traffic; and procuring.
She said that these are sufficient to give police the power to keep prostitutes from bothering passersby or turning neighbourhoods into sleazy dens of iniquity.
Judge Himel also said that pimps who threaten or commit violence against prostitutes can still be prosecuted using other sections of the Criminal Code.
Developing ...
UP YOURS DATE: Right on cue (Boldface mine):
Does anyone really believe that the likes of those women, the human wreckage who were killed by Robert Pickton, are going to spend their money on an “office,” advertise their services, keep accounts, submit to regular health testing and pay taxes on their income? Dream on.
<SNIP>
Being a prostitute is a shameful, indecent activity, and any sex worker who demands respect as a matter of course is fooling herself. She is not respectable. Politically correct people will say she is, but she isn’t.
Judgemental much?
Like I have said many times: Prostitution, Canada's Only Capital CrimeTM
READ UP ON IT DATE: CBC has the whole decision (PDF), all 132 pages of it.
UP THE HILL DATE: Surprise, surprise.
The Harper government says it will likely appeal a court ruling which strikes down parts of Canada's prostitution laws.
UPDATE TO THE UP YOURS DATE: Hmm, I see that the National Post's Barbara Kay realized that calling Pickton's victims ''human wreckage'' was, shall we say, a tad insensitive.
Note that it has mysteriously disappeared from her column. (Thanks to Brebis Noire in the comments for pointing this out!)
Does anyone really believe that they are going to spend their money on an “office,” advertise their services, keep accounts, submit to regular health testing and pay taxes on their income? Dream on.
<SNIP>
Being a prostitute is a shameful, indecent activity, and any sex worker who demands respect as a matter of course is fooling herself. She is not respectable. Politically correct people will say she is, but she isn’t.
For the record, every sex worker and/or escort I know, and I have come to know many, pays taxes.
UPDATE TO THE UPDATE TO THE UP YOURS DATE: Looks like I am not the only one who had an issue with Kay's Kolumn.
UPRIGHT DATE: Like I said, surprise, surprise.
The federal government will announce today it is appealing the Ontario court ruling that has thrown Canada’s prostitution laws into chaos.
Justice Minister Rob Nicholson is expected to stand in Parliament during the daily Question Period and say the government will go to court to try to overturn the decision, sources told the Star.
Ontario Premier Dalton McGuinty called on the federal government earlier Wednesday to appeal the ruling that struck down Canada’s prostitution laws as unconstitutional, and said Ontario would support an appeal.
“It proposes some profound changes to the laws that have been on the books here for decades, and we look forward to supporting the federal government in that appeal,” McGuinty said.
Pretty sad coming from a government that refuses to look into the disappearances and/or murders of some 500 aboriginal women. This court ruling may have helped to save some of them.
Oh but that's not all ...
A prominent Christian evangelical leader also urged the federal government to appeal the court ruling.
“It is imperative that Premier Dalton McGuinty and Prime Minister Stephen Harper act decisively to protect Canada from the scourge of legalized prostitution,” Charles McVety said in a statement.
“If they allow this ruling to stand they will be placing our children in danger, women at risk and families in jeopardy.
Um, how does that work?
More on McVety here.





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