MacKay announces that a bill is coming soon to regulate prostitution.

[CLUB78]

http://en.wikipedia.org/wiki/Prostitution_in_Nevada

It will be a Nevada/Nordic hybrid I think. Or,not knowing which department should handle prostitution legislation, it will become a Crown Corporation. Every time you wish to see an SP, it will be like dealing with ICBC or BC Hydro.

"If you know the 4 digit pin of the SP you wish to see, please enter it now. Otherwise, please hold for the next available SP representative. Have your account number ready. Your call may be recorded for quality assurance purposes."

Red tape is sexy! In fact, I will personally post a series of sexy photos of my friends bound in red tape to show my support for the new government overlords.

 

[johnsmit]

Not sure why bcneil. did that christian jab.. IF were of Harpers illk of christanity.. I would never of seen an ezcort.. Let alone back up their right to choose.. .
I wont tell every one they have to believe as i do.. or even do asci do.. You make your own choises...
I may have know or met people that believe as Harper and is crowd... i seldom think of them as christian . That i want to know. There doctrin is in error..and incisting that other follow what they think is right and vlaiming it is GOD way.. is just more errors.... They get 0 for being a chtistian in my book..
Of coursecin their book . I am out there with the rest of the ungodly.. You might ask your self why you cal me a christian with a small "c"

 

[bcneil]

Not sure why bcneil. did that christian jab.. IF were of Harpers illk of christanity.. I would never of seen an ezcort.. Let alone back up their right to choose.. .
I wont tell every one they have to believe as i do.. or even do asci do.. You make your own choises...
I may have know or met people that believe as Harper and is crowd... i seldom think of them as christian . That i want to know. There doctrin is in error..and incisting that other follow what they think is right and vlaiming it is GOD way.. is just more errors.... They get 0 for being a chtistian in my book..
Of coursecin their book . I am out there with the rest of the ungodly.. You might ask your self why you cal me a christian with a small "c"

Well it certainly isn't atheist groups out trying to ban other peoples lifestyles is it?? I also don't believe feminist have enough pull with the harper conservatives to force laws through.

 

[Tugela]

There is no need to write a new law.. When majority of the old law was not effected...
Hoestly it looks like they baited the pro pprotitution group .. into getting a small part of the law revocked so they could implement thier aggenda

It was necessary. General society is primarily concerned about prostitution when it is conducted in the open. This would include things like streetwalkers and things like public display of brothels (and similar). With the status quo people did not care much for the escort industry, and what went on behind closed doors, but it was different when it came to what they could see it with their own eyes. When the Supreme Court struck down those provisions in theory it meant that prostitution would become very public and part of observable life, so there was no way that general society was going to tolerate that. The choice then becomes do you legalize everything or outlaw everything, and since the red line as far as the general public is concerned is public display of prostitution, politically it means that everything must go.

The constitutional problem before was that although prostitution was legal, the process of practicing it was not, which endangered the SPs since they would be forced to work in the shadows. As I have said many times, if the issue is forced (as it has been), the only solution politically (and this applies to all the political parties that could be in power) would be to outlaw it completely. When they do that, the constitutional problem goes away.

It is all very predictable. I'm sure the people who launched these constitutional challenges thought they were doing a noble thing, but really all they were doing is shooting everyone in the foot.

 

[sdw]

Not sure why bcneil. did that christian jab.. IF were of Harpers illk of christanity.. I would never of seen an ezcort.. Let alone back up their right to choose.. .
I wont tell every one they have to believe as i do.. or even do asci do.. You make your own choises...
I may have know or met people that believe as Harper and is crowd... i seldom think of them as christian . That i want to know. There doctrin is in error..and incisting that other follow what they think is right and vlaiming it is GOD way.. is just more errors.... They get 0 for being a chtistian in my book..
Of coursecin their book . I am out there with the rest of the ungodly.. You might ask your self why you cal me a christian with a small "c"

It's always interesting to know just where the prohibition on prostitution comes from.

http://en.wikipedia.org/wiki/Sacred_prostitution
http://www.jewishvirtuallibrary.org/jsource/Judaism/prostitution.html

Where the Bible has verses that prohibit prostitution, they are actually taken from the Old Testament and mostly apply to Temple Prostitution/Ritual Prostitution which was conducted by the other religions.

The prostitute was an accepted though deprecated member of the Israelite society, both in urban and rural life (Gen. 38:14; Josh. 2:1ff.; I Kings 3:16–27). The Bible refers to Tamar's temporary harlotry and to the professional harlotry of Rahab without passing any moral judgment. The visits of Samson to the harlot of Gaza (Judg. 16:1) are not condemned, but conform with his picaresque life. Harlots had access to the king's tribunal, as other people (I Kings 3:16ff.). Nevertheless, harlotry was a shameful profession, and to treat an Israelite girl like a prostitute was considered a grave offense (Gen. 34:31). The Israelites were warned against prostituting their daughters (Lev. 19:29), and priests were not allowed to marry prostitutes (21:7). The punishment of a priest's daughter who became a prostitute, thus degrading her father, was death through fire (Lev. 21:9). According to the talmudic sages, however, this law applies only to the priest's daughter who is married or at least betrothed (Sanh. 50b–51a). Prostitutes might be encountered in the streets and squares, and on street corners, calling out to passersby (Prov. 7:10–23); they sang and played the harp (Isa. 23:16), and bathed in public pools (I Kings 22:38). Their glances and smooth talk were dangers against which the immature were warned (Jer. 3:3, Prov. 2:16; 5:3, 6:24–25, 7:5, et al.).

In the Ancient Near East, temple women, of whom one class was called qadištu, probably served as sacred prostitutes. Sometimes dedicated by their fathers to the deity, they had special statutes, and provisions were made for them by law (Code of Hammurapi, 178–82). Customs connected with them are likely to underlie Herodotus' lurid and misleading statement that in Babylon every woman was to serve once as a sacred prostitute before getting married, thus sacrificing her virginity to the goddess Mylitta (Ishtar; 1:199). In Israel the sacred prostitutes were condemned for their connection with idolatry. Deuteronomy 23:18–19 forbids Israelites, men and women alike, to become sacred prostitutes, and states that their wages must not be used for paying vows.

However, like with any group of "God fearing men", exceptions can be made for financial and personal comfort

Prostitution is known to increase in times of chaos and upheaval and this was certainly true for East European Jews at the end of the 19th century. Violence and other forms of antisemitism, economic deprivation, and massive emigration led to various forms of significant Jewish involvement in the white slave trade, a euphemism for the trafficking of women across international borders for the purpose of prostitution.

Drastic impoverishment had always led some Jewish women, especially widows or abandoned wives, to occasional or part-time prostitution. The sexual mores of the Jewish community also meant that young women who had been seduced or had chosen to have premarital sexual relations, as well as unmarried older women, often had difficulty finding marriage partners. As it was nearly impossible for an uneducated single woman to support herself by other means, prostitution was often the only viable option. With the increasingly difficult situation in Eastern Europe in the late 19th century, and the large and mostly unregulated movement of population, it was particularly easy for profiteers to induce or entrap Jewish women to travel abroad and serve as prostitutes.

Traffickers used local agents to point them to young widows, abandoned wives, spinsters, or "ruined women," who were offered an escape from their poverty and shame and the promise of riches in distant lands. The procurers would then rely on a string of colleagues to obtain papers and tickets, arrange passage through borders, and accompany the women to their destinations. Upon arrival the women were usually placed in brothels where they had to work, initially without pay in order to pay back all of the fees incurred through their travels. Some professional procurers courted and married attractive women from poor families with promises of a prosperous new life abroad. The "groom" would then consummate the marriage and bring his "bride" to a large city before disclosing her fate. Procurers would often comb entire regions, collecting brides and depositing them with an agent in a larger city before transport abroad. The young women, even when not physically forced to serve as prostitutes, were often too ashamed to return to their homes and had no other alternative. Other procurers specialized in wooing and seducing young domestic servants working far from their families. Some Jewish women became prostitutes of their own volition to escape the drudgery of factory or domestic work or the grinding poverty of family life.

Jews neither controlled nor dominated the white slave trade but they did oversee the large and lucrative traffic in Jewish women. By the turn of the 20th century Jewish criminal gangs managed a complex system of routes, personnel, brothels, and corrupt officials. Obtaining accurate statistics on Jewish prostitution is nearly impossible. Although prostitution was legal in most European states in the late 19th century, it carried a social stigma and legal consequences, such as the need to submit to regular medical examinations. Additionally, many women engaged in prostitution only on an occasional basis. Nonetheless it is estimated that the proportion of Jews among prostitutes was never, even at its height, greater than the proportion of Jews in the population.

Jewish women from Europe were sent as far as southern Africa and the Far East, with England and Constantinople serving as major transit points, but one of the main destinations was South America. South American countries were eager to attract European immigrants and imported thousands of young men to serve in their growing economies. Open borders and underdeveloped law enforcement capacities led to rampant prostitution. In 1900, shortly after having been excluded by the local burial society, the Polish Jewish pimps of Buenos Aires chartered a mutual aid society and obtained their own cemetery. The groups that came to be known as the Zwi Migdal Society later had a synagogue as well. This was only the most infamous of a series of Jewish communal institutions established by and for criminal elements around the world.

 

[johnsmit]

Could some one . Please post the Constitutional bill of Rights and freefoms.
I bet most of you have never read it..

Then maybe you will see weather you think the goverment will get away with actually puting in a nortic modled law. Or banning prostitution..

 

[uncleg]

Right now it's all speculation..........so lets do some....what do you think will be put on the table ?

I think brothels will become legal. They will be licensed, at a Provincial or Municipal level, subject to zoning etc. like any other business.This gives the SP's a safe place to work in the company of like minded souls and it allows Municipalities keep them hidden away if you will. With a safe workplace in play there will no longer be any need to work the streets, so maybe that will become illegal. Outcalls are legal now, so I doubt that will change except that all agencies will have to ensure all the ladies have a licence. One would assume most horndogs would know where the brothels are, so advertising would be allowed only by licensed establishments.

SP's will also have to be licensed, either at a Provincial or Municipal level and they will be subject to mandatory health inspections etc. They would only be allowed to work from licensed agencies or brothels, so no more incalls. Individual licensed would only be good in the Province or Municipality that issues them, so no more travelling ladies, unless they want to go through the license procedure in each Province they go to.


What do you think, covers most of the bases in my view...........yours ?

 

[johnsmit]

Here is a very interesting analogy.
How people veiw.. Prostitution...and Christanity.. Thoses that look from the out side dont understand it..
Once you are involved... Once you know people that are of that line of work or that faith...You well have a different perspective.. And then your oppion and judgements can be based on personal experiences and fax
of your interactions. and understanding... They are both about choise.. and thosr choises.have spritual implication.. .Both of those choises . cause us to examin our selves. .. .the good and bad..
and we change.. Although Christanity has a little exter boost.. it the indewelling of the holy spirt or lack of it that will give you the peace. You need.. The hope that sustains .. And the love for the world no matter how shitty it looks..

Many Christains. Think its the Bible.. You have to follow the word.. Everh preasept up on preasept.. They know the Bible forward and back.. and will us it to beat others in to line with the word of God.
As for those unsiders.. that then look at the bible and realize the fundamental flaws in the fundamental Christain beleif and argument.. . there never realy become any understand of what Jesus was talking about...

That why the two are the same. Prostitution and Chrstanity.. polerized oppion based on missonception .and miss information..and ignorance.. have caused indavidual to be intolerent and judgemental..
Which has lead to the love being lost..just thought i would throw that in there

 

[johnsmit]

Of couse it is never that simple.. There is crap in the sex industry. and in chrstianty..that i would nof put up with.nor should any one..

 

[almost_anonymous]

IMO, this fight may only be beginning. In pointing out that prostitution was not illegal at the time, the SCC did not rule that it never could be.

It will be interesting to see the new laws on prostitution. While there may be challenges to criminalizing it, it could be done. Many a lawyer have been caught thinking their position is unassailable only to be surprised with a new angle or argument that results in a law being found to be within the reasonable limits demonstrably justified in a free and democratic society. And I doubt the new law would involve a regime similar to that which was struck in Bedford.

I don't think this fight is won in the legislature or the courts (of course it will eventually have to be recognized in each). Aside from the proponents in Bedford, the collective identity of sex workers is largely unknown (aside from the generalized portrayals put forth by the various opposed parties). More faces of successful, well adjusted sex worker-business women proud of what they do may have the greatest effect on public opinion - and therefore elected officials. Gay and lesbian people moved their cause forward more significantly by proudly coming out of the closet and defiantly refusing to allow themselves to be marginalized, it may take a more similarly brave individuals to engage the public on this issue (despite the perceived stigma and wont of privacy, but this is often the burden of those seeking recognition/rights).

Discuss.

 

[PuntMeister]

It will be a Nevada/Nordic hybrid I think. Or,not knowing which department should handle prostitution legislation, it will become a Crown Corporation. Every time you wish to see an SP, it will be like dealing with ICBC or BC Hydro.

"If you know the 4 digit pin of the SP you wish to see, please enter it now. Otherwise, please hold for the next available SP representative. Have your account number ready. Your call may be recorded for quality assurance purposes."

LMFAO! That was the seriously funniest quip I have heard on this subject. Well done Roxanne!

I fear a Harper/Hydro bureaucracy model where all SP's will have a "Smart Peter Meter" installed. They will bill you by the millimeter traveled, with premium rates if you exceed 108mm per month, if your 'consumption' is at PEAK hours, or if your enjoyment level automatically puts you into the 'Tier II' rate class.

Oh, ya, and you have to put a new coloured sticker on your ass once a year, pay off your parking debts, and pony-up with TREO and Translink when they scan you for carbon tax pooning.

The gov't is already in our pockets, but they normally just privatize twiddling of my twigs and berries.

RIP Aldous Huxley.

-Punt.

 

[sdw]

http://www.vancouversun.com/opinion...ostitution+criminalization/9716086/story.html

Ian Mulgrew: Need for regulation of prostitution, not criminalization

Justice Minister Peter MacKay promises new legislation, but gives scant details

By Ian Mulgrew, Vancouver Sun columnist April 8, 2014 8:00 PM

Federal Justice Minister Peter MacKay is promising new prostitution legislation nearly 15 years after Robert Pickton’s murders underscored the vulnerability of street sex workers.

But he played coy when asked about details, saying only it would be a made-in-Canada solution and that “our focus is going to be on saving the vulnerable.”

In December, after finding three archaic prostitution laws unconstitutional, the Supreme Court of Canada gave Ottawa a year to figure out how to replace them.

MacKay says he will unveil his answer soon.

There remains no consensus, however, on what the federal government should do, in spite of a round of quick consultations that followed the court ruling.

Some want tough new laws to crack down on the sex trade; others want it fully legalized.

I personally don’t believe the criminal prohibitions work.

Sex assault, stigma, lack of access to police protection, social inequality, torture and murder have all been unequivocally linked to the criminal ban on prostitution.

The evidence of the endemic violence in the sex trade laid out for the High Court was harrowing.

That the poorest women from Vancouver’s Downtown Eastside and others were forced to bring such a challenge to prod lawmakers into action is scandalous.

For too long, Canada’s institutions — including the Supreme Court — have failed these most marginal of women.

Its 1990 decision — upholding the bawdy-house and communicating-for-the-purposes-of-prostitution provisions — exacerbated their plight.

Police enforcement of the bawdy-house law against massage parlours pushed more women onto the corner and increased street prostitution, one of the scariest behaviours imaginable.

I don’t think we need any more criminal laws aimed at prostitution and most of the talk around such legislation seems to me to be cant — personal morality bleeding into the public square.

Consenting adults should be able to buy and sell sex freely like any other service and it should be similarly regulated.

That’s the discussion we should be having.

Using the criminal code to address a social problem is misguided — especially when street prostitution represents only a fraction of the sex trade.

Prostitution laws inevitably target the poorest and most vulnerable — the high-class hooker and the escort agency profit freely.

The Supreme Court struck down criminal laws against swingers’ clubs in 2005 and the Internet is a cornucopia of sexual services.

There is a need for regulation of prostitution, not criminalization — no consenting adult should be going to jail because he or she agreed to have sex for cash.

But we need to distinguish between sex trade work and subsistence sexploitation, the difference between an occupation and an act of desperation.

One is an economic activity requiring guidelines and rules; the other is a measure of what someone will do to survive and needs intervention.

We need to consider both.

Justice Minister MacKay suggests he understands that when he says: “Suffice it to say that we are focusing — and will be focusing in this legislation — on not only acting in the best interests of the vulnerable and Canadians, but also there will need to be support mechanisms outside the legislation in order to help people to transition out of the sex trade.”

But we will see.

Let us not be naive — bad sex laws are only one nemesis for a streetwalker: They also are inevitably stalked by poverty, addiction, mental illness, violence, bad policing and predators such as Pickton.

If we’re going to help them get off the corner, it involves social housing, addiction treatment, health services and a considerable investment in a panoply of programs.

The federal Conservatives have shown scant interest in such an approach so I’m skeptical MacKay has a real solution.

imulgrew@vancouversun.com
© Copyright (c) The Vancouver Sun

 

[vancity_cowboy]

in my opinion mainly women are against prostitution. fems because they are bat-shit crazy and married civvies because they don't want their husbands getting sex outside the marriage

now when was the last time you heard a woman state that she votes for harper and the cons? never?

so harper and the cons know this voting pattern, and they know it won't hurt their voter base one darn bit to pass some minor clarifying tweaks to the language of the unconstitutional clauses

as a matter of fact they might actually get a few more votes from older rich males by keeping the status quo with the forementioned tweaks

so i'm predicting virtually no changes to the laws, other than those clarifying tweaks to the unconstitutional clauses

 

[Tugela]

Valid points. But equally valid is that to criminalize the "victims' is also a political non-starter for any party in power. Thus thay cannot, politically, make the whole thing illegal. And failing to do so, sets up exactly the same sort of constitutional challenge as before. Criminalizing the buyers but not the sellers will cause a situation where the sellers must go into dangerour situation to practice their legal trade. It might take years for such a case to get before the courts. But given Bedford, I think some SPs will be quickly ready to step forward on such a case.

You don't understand. It is only a constitutional issue because prostitution is currently legal. If the government made it illegal, it would cease to be a constitutional issue.

If you sell drugs you are going to jail, and the constitution will not protect you. You do not have a right to sell anything you want, government can regulate or prohibit it as they see fit. What they cant do is regulate it in such a way as to force people who are engaged in otherwise legal activities to perform them under dangerous conditions. There was a time when you could sell drugs freely. Then that was prohibited, and the constitution allows government to do that. The situation with prostitution is directly comparable.

 

[johnsmit]

NO prostitution is not the same as drugs or alcohol.Those are sustances..
Sell sexual servies.. Is an act of will and a choise one makes with there body..
Some thing protected under the bill of right and freedoms.

 

[HankQuinlan]

NO prostitution is not the same as drugs or alcohol.Those are sustances..
Sell sexual servies.. Is an act of will and a choise one makes with there body..
Some thing protected under the bill of right and freedoms.

The Canadian Charter of Rights and Freedoms contains NO reference to a right to have sex. There is no relevant section to quote. There is no language differentiating between a right to do something "natural" with our bodies and the taking of substances that do no one else any harm. The prohibition on our personal choice to use specific drugs is not dealt with under the Charter, and it IS relevant. We do not have the freedom to do what we wish with our bodies -- if it can be demonstrated that it is against the good of society to exercise a "personal freedom" (e.g., smoking marijuana, even though no harm can be demonstrated) to do what we wish with our bodies, it can be and is legally prohibited. We do not have a right to commit suicide (there is no law against it -- but there is a law against assisting someone else to do so). There is no right to have an abortion (that was a decision based on politics not to enact a new law against it when the previous one was found not to be equitable across the country, and that it violated the security of the person).

We do not have a right under the Charter to medical care or education or housing. We have no right to property, unlike the US. There is no mention of economic rights. There is a right to equality -- that is why rights given to some, must be given to all -- hence minorities have been interpreted under the Charter to have a right to education in their language, and rights cannot be denied to homosexuals if others have them.

 

[sdw]

in my opinion mainly women are against prostitution. fems because they are bat-shit crazy and married civvies because they don't want their husbands getting sex outside the marriage

now when was the last time you heard a woman state that she votes for harper and the cons? never?

so harper and the cons know this voting pattern, and they know it won't hurt their voter base one darn bit to pass some minor clarifying tweaks to the language of the unconstitutional clauses

as a matter of fact they might actually get a few more votes from older rich males by keeping the status quo with the forementioned tweaks

so i'm predicting virtually no changes to the laws, other than those clarifying tweaks to the unconstitutional clauses

Oh, I think there are men that are against legalized prostitution. After all, women that are making a good living as a prostitute aren't available to work as an "upstairs maid" for a bed and a crust of bread.
http://www.urbandictionary.com/define.php?term=Upstairs Maid

There are always people that want to pay well under the "going rate", even if it's not for sexual exploitation.
http://knlive.ctvnews.ca/ontario-la...ant-workers-from-exploitation-abuse-1.1767227

 

[johnsmit]

HQ how about posting the Charter of Rights and Freedoms... I can't do it with my smart phone

So much about any debate on our rights seems to be a none starter because.there is no law agaist it ..but no law aproving it.. We don't want or need every action or thought to be regulated..and subject to the restriction and preaseps of law.. Indavigual choises is the issue.. As it is with abortion....gender...and should be with prostitution..and wheather a person wants to work in the business..or wheather some one wants to use the services offered...

I know as a man i have know rights to say i am intitaled to sex nor can i insist on some one suppying me with sexual servises.. It solely is a womens choise.. And that realy is what this whole debate is about. It seem to be between one group of women saying i want that choise.. And to be safe doing that work... And then another group of women saying no we will choose what you can do according to what we think is best for you..

Throw some men in there that think they should beable to control what women think and do.with there bodies. by controling their girlfriends... Wives..and daughters.. and then you get this sinario.. Which violates the basic rights of all indaviduals.. Because this is not just about prostitution.. Every restriction has other implication..

 

[HankQuinlan]

HQ how about posting the Charter of Rights and Freedoms... I can't do it with my smart phone

http://laws-lois.justice.gc.ca/eng/Const/

Read away to your heart's content.

CONSTITUTION ACT, 1982 (80)


PART I

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms

Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Fundamental Freedoms


2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;


(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;


(c) freedom of peaceful assembly; and


(d) freedom of association.


Democratic Rights


3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Maximum duration of legislative bodies

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members. (81)


Continuation in special circumstances

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. (82)


Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (83)

Mobility Rights

Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.


Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and


(b) to pursue the gaining of a livelihood in any province.


Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and


(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.


Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.


Legal Rights

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;


(b) to retain and instruct counsel without delay and to be informed of that right; and


(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.


Proceedings in criminal and penal matters

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;


(b) to be tried within a reasonable time;


(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;


(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;


(e) not to be denied reasonable bail without just cause;


(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;


(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;


(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and


(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.


Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Self-crimination

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Equality Rights

Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.


Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (84)


Official Languages of Canada

Official languages of Canada

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.


Official languages of New Brunswick

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick

Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.


English and French linguistic communities in New Brunswick

16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.


Role of the legislature and government of New Brunswick

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. (85)


Proceedings of Parliament

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (86)


Proceedings of New Brunswick legislature

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. (87)


Parliamentary statutes and records

18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. (88)


New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. (89)


Proceedings in courts established by Parliament

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (90)


Proceedings in New Brunswick courts

(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick. (91)


Communications by public with federal institutions

20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where

(a) there is a significant demand for communications with and services from that office in such language; or


(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.


Communications by public with New Brunswick institutions

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.


Continuation of existing constitutional provisions

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. (92)

Rights and privileges preserved

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

Minority Language Educational Rights

Language of instruction

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or


(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,


have the right to have their children receive primary and secondary school instruction in that language in that province. (93)

Continuity of language instruction

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.

Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province

(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and


(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.



Enforcement

Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.


Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.


General

Aboriginal rights and freedoms not affected by Charter

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and


(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. (94)


Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

Multicultural heritage

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

Rights guaranteed equally to both sexes

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Rights respecting certain schools preserved

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. (95)

Application to territories and territorial authorities

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

Legislative powers not extended

31. Nothing in this Charter extends the legislative powers of any body or authority.

Application of Charter

Application of Charter

32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and


(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.


:Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

Exception where express declaration

33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).


Citation

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

 

[johnsmit]

well the frame work is there.. People just have to insist on their rights.. .
I wish to note . Prostitution is allowed in Canada as a means of gainful employment.and is licensed in may cities.. So according to the gainful persuts section . I dok they can just take it away.. with out showing a demonstrated justification.