escort legal

[Asian Fever]

Municipal Regulation of Prostitution

Ontario Court Finds Prostitution Laws Unconstitutional

Prostitution charges dismissed against owners of escort service

The current laws are not enforced or enforceable as they make it more dangerous for women working in what is a Legal profession. Women have a charter right to be an Escort and engage in sex work... laws attempting to restrict this right fail in court repeatedly. The fact is, they can't make it illegal for women to work in the sex trade because it's covered by the Charter, and any laws attempting to stop/restrict them anyway are essentially just making it less safe for what is a Legal profession in Canada, thus the laws fail when challenged. Regardless of if you think women should or should not work in the sex trade, it's legal for them to do so, and nobody can change that.

Think of it like this. We have free speech, but if they draft up laws restricting when and where you can speak, and making it illegal for someone to listen to you... this of course would be ridiculous and not hold up. That is essentially what lawmakers have done with prostitution in Canada. They may not like that it's legal, but that doesn't mean you can get crafty with bullshit laws to try and block it in a round about way.

Vancouver licenses both Brothels and Escort Agencies, other cities do the same. In regards to massage parlors, the city knows exactly what is going on. How? Because we tell them what we are doing.. it's not a secret. I've spoken to bylaw officers and the gist is, just don't have half naked girls smoking out back, keep it low key, and of course make sure everyone is of legal age.


As long as everyone is of legal age, of free will, discreet, and pays their taxes.. not much to worry about. Just my opinion... I'm not a lawyer, although I've consulted with several.. spend some time googling the previous court decisions and judge for yourself, but that's what I get out of it.. material benefit, advertising laws, etc they already didn't hold up in court... everyone in the business already knew that was going to happen and so does everyone else, which is why it's not enforced. The new laws are too much like the old ones which were invalidated for the same reasons. To be honest I think the conservatives knew this also, and just put it out there to keep their base happy.

 

[treveller]

Municipal Regulation of Prostitution

Ontario Court Finds Prostitution Laws Unconstitutional

Prostitution charges dismissed against owners of escort service

The current laws are not enforced ...

Thanks for posting the links and I agree that the conservatives just put it out there to keep their base happy.

Unfortunately much of what you say about selling services being lawful is mistaken.

The court case dealt with advertising and corporate profits and said nothing about the legality of a sex worker selling services. The case was decided in a Provincial Superior Court, like our BC Supreme Court, and is not binding on any other similar court. It will have to be appealed to the provincial appeal court and the Supreme Court of Canada before the decision is binding outside of Ontario.

You say "laws attempting to restrict this right fail in court repeatedly." I think you are wrong there. This case is a big deal because it is the first. Other cases have dealt with other matters. If anything relevant had been decided in another case it would have been referenced in this case.

What municipalities do is irrelevant to Criminal Law.

I hope you are right about the new laws being too much like the old laws.

At present it is a criminal offence for a sex worker or anyone else to accept a consideration in return for sexual services.

 

[Asian Fever]

At present it is a criminal offence for a sex worker or anyone else to accept a consideration in return for sexual services.

No such law has or does exist in Canada. No offence but I have no idea where you got that idea from.. American TV maybe. They don't cover the Legality of selling sex because it's perfectly legal already.. that is the entire reason laws surrounding prostitution violate the Charter.

Also, you can read up on why the previous laws were struck down by our highest court. Any new laws will have to meet the same charter test.



It is not a crime in Canada to sell sex for money, Chief Justice Beverley McLachlin wrote in Friday's decision.

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In a 9-0 ruling Friday, the Supreme Court said the laws prohibiting keeping a brothel, living on the avails of prostitution, and communicating in public for purposes of prostitution do not pass Charter muster.

 

[Big_Guy_Rye]

Keep in mind, we could talk about the letter of the law all day, but all it will amount to is whether you can escape the judge or not.

There's still the matter of what cops will do to do, "IF" they choose to bust you. Getting arrested, thrown in jail, getting calls to your home or job,....basically torturing you through the process, even if nothing comes out of it at the end.

 

[addicted2lov]

Kinksters have a moral responsibility to respect SSC & RACK. Informed consent is paramount in the BDSM realm, without consent you are nothing but an abusive asshole. But a sub’s consent to (insert whichever freaky activity) doesn’t necessarily protect the Dom from potential legal repercussions.

Thank you for clarifying, I didn’t realize the fact that as a dom you are still liable and a sub may deny after the fact that consent was given in part or at all fora particular act.
I have been asked to top in a few occasions but it never occured to me that I could have been in hot water for something that in the heat of the moment and despite prior written communication indicating consent.

 

[Forum mod]

The sheer amount of wrong and only partially correct info here, often presented as fact by the posters who are not lawyers, or judges, or know anything about it, means it's being shut down.

Do your own homework, don't rely on armchair quarterbacks who don't have a clue.