This just in. Not sure what happens now.

[mrstamina]

Ontario court strikes down key provisions of Canada's anti-prostitution laws.

http://www.winnipegfreepress.com/ca...canadas-anti-prostitution-laws-103938924.html

 

[Pillowtalk]

I just read that as well. It's a great start! But I imagine there will be apeals, etc.. that will drag it out for years to come

Any appeals will be trying to get the laws reinstated. As of now, they have (excepting the age of 18 provision) been struck down. No one can be charged regarding living off the avails or operating a bawdy house or being in a bawdy house, as of now.

Canada's prostitution laws are unconstitutional because they're contributing to the danger faced by sex-trade workers, an Ontario court ruled Tuesday in striking down key provisions of the legislation.

The Ontario Superior Court ruled that laws against keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade "are not in accord with the principles of fundamental justice."

"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 wrote her in decision.

While the ruling strikes down those key Criminal Code offences — which deal with adult prostitution — it does not affect provisions dealing with people under 18.

Prostitution was not illegal in Canada, but the Ontario Superior Court struck down three provisions that criminalized most aspects of prostitution.

 

[jay]

A big step in the right direction to making this a safer hobby for everyone Just read the above post as it was posted at the same time as i wrote mine, i really don;t think the gangs have been afraid of getting busted with the laws as they were , well they certainly are not afraid of getting busted for all the other underground business such as dope and arms dealings !

 

[hunsperger]

this is a total non-story...

the only people who are going to cream their pants over this, are self-serving politicians and lawyers...

of which 99% are inbred...

I forgot to mention, most self-serving politicians are inbred lawyers by trade...

 

[lenny]

This just in. Not sure what happens now.

Hopefully someone like susi challenges this in BC's Supreme court and wins.

Then me and Borat can walk down Robson street and say to all the ladies "Very nice. How much?"

I am all for basic human rights like freedom of speech.

 

[lenny]

What the Harper government can not do is wait for the Supreme Court to rule on the Ontario Superior Court's judgment. That will result in prostitution and it's ancillary activities becoming legal across Canada about 18 months from now.

What makes you think the Supreme court would agree with the Ontario opinion?

 

[lenny]

http://www.torontosun.com/news/canada/2010/09/28/15506066.html

In a landmark ruling, an Ontario court has struck down prostitution laws as unconstitutional.

While it legally means the law can no longer be enforced in Ontario, a provincial Crown attorney is expected to ask for business as usual until the decision by the Ontario Superior Court can be appealed.

In her 131-page ruling, Justice Susan Himel said the current offences under the criminal code endanger sex workers.

"By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance," Himel wrote.

Prostitution has always been technically legal, while virtually every activity associated with it was not.

The challenge launched last fall by three sex trade workers strikes down three prostitution-related offences: communicating for the purpose of prostitution, keeping a bawdy house for the purposes of prostitution, and living on the avails of prostitution.

 

[ReluctantPooner]

The only thing I worry about, is that this will cause the Harper government to draft a law making prostituion illegal. With their ideaology and the people who give them much of their support, I could really see them going this route.

Perhaps they will just sit back and wait to see what the Supreme Court of Canada rules.

 

[smackyo]

Are you sure it was just Ontario? My understanding of it was it was a federal court, not a provincial one. On the new's they kept saying "Canada's law" not "Ontario's law" I just saw that news and that's what I took away from it, Canada, not just Ontario. I could be wrong though.

 

[uncleg]

Will be interesting to see if anybody tries to get this issue into court in other Provinces, or if they will even be able to. I get the feeling that any attempt will get adjourned till/when/if a decision is made by the Supreme Court.

 

[mistressfreyja]

Strike while the kettle is hot?

Only when the kettle is boiling your ass.

All very interesting, and I can't wait for it to make it's way to the Supreme Court. We will all see what happens in....years?!?

Not before the next Fed election though, as one reporter put it.

Will be interesting to see if anybody tries to get this issue into court in other Provinces, or if they will even be able to. I get the feeling that any attempt will get adjourned till/when/if a decision is made by the Supreme Court.

 

[mistressfreyja]

I think that Harper is happy to hide his minority head under his minority pillow. And wise, he would be.

I think a lot depends on what the Harper Government does.

If a bill comes to the house that is supported by the other partys, then the fan will spread the odorous matter equally over all and it won't be a political issue in the next election.
If a bill comes to the house that is entirely written by the right-wing nutcake portion of the Conservative Party, the bill will fail, the government will fail and it will be the issue in the election.
If all political partys make a mutual agreement to keep their heads down on the issue, the case will be brought in each province and territory while the case winds it's eventual way to the Supreme Court of Canada. Under this option, prostitution and all ancillary activities will become legal inside of 18 months. The only anti-prostitution laws will be the child protection sections that establish age of consent and age where a person can be paid for sex. I believe this option to be undesirable because it will create a "wild, wild west" atmosphere while municipalities pass bylaws to control what the senior government wouldn't.

 

[viola]

From today's The Canadian Press

TORONTO - Ontario Premier Dalton McGuinty says he would be surprised if the federal government did not appeal a court ruling striking down Canada's prostitution laws.

The Ontario Superior Court ruled that laws against keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade put sex-trade workers in danger.

McGuinty says the ruling proposes some profound changes to laws that have been on the books for decades, and Ontario "looks forward" to supporting the federal Conservatives in the expected appeal.

The Superior Court judgment is subject to a 30-day stay during which the law remains in place, and the federal government can seek an extension of the stay period.

Justice Minister Rob Nicholson signalled last night that the Conservatives are seriously considering an appeal.

He says Ottawa would "fight to ensure that the criminal law continues to address the significant harms that flow from prostitution to both communities and the prostitutes themselves."

The government had argued that striking down the provisions of the prostitution laws without enacting something else in their place would "pose a danger to the public."

 

[susi]

so, crazy day!!!

people are right in the statement it is only ontario for now however pivot have been moving a challenge forward in BC for a few years. there were some problems as the worker named in the challenge is a former worker not an active worker.

it does however give anyone facing chargers under these laws a great defense. if the laws are considered unconstitutional in one province any lawyer worth their salt will be able to get a person aquitted.

the harper government stating "pose a public danger" is a red herring. we have a plan that many here have worked on and can be seen here

http://www.wccsip.ca/caec.html

i will begining a lobby for implementation of our plans from coast to coast by phoning every single member of parliament and sentator. joy smith mp from winnipeg area has already put forth a private members bill calling for the swedisdh model of criminalization in canada so we must be on top of this for sure.

i will keep everyone updated.

love susieXXXO

 

[HankQuinlan]

The Current on CBC radio this morning interviewed Tory MP Joy Smith and some professor/writer from Vancouver, both of whom advocated the Swedish model of criminalizing clients. From anything heard on the show, ALL prostitutes are victims and being "trafficked." Sorry Susie, but you don't seem to exist in many peoples' minds.

The Tory gov. announced this morning that they will appeal to return the sections of the criminal code, and it will crawl to the Supreme Court, where they will likely lose, due to the very well-presented arguments in the Ontario case. The eventual very likely outcome -- in my opinion -- is that the Tories will introduce a Swedish model, and I suspect the other parties will agree because it seems like a "liberal" solution, supported by many "feminist" groups.

Get ready boys -- you will be criminalized, subject to stings when you answer ads. We will spend huge sums of tax money enforcing the coming system, because it will save all of the women victimized by this profession. It will be just like Springfield after the banning of violent cartoons -- everybody happy, holding hands in the park. Except for me, who will never get laid again, of course.

Good luck with the upcoming battles, Susie.

The best solution is to get rid of the friggin' Harper government. Anybody but them.

 

[lenny]

The Current on CBC radio this morning interviewed Tory MP Joy Smith and some professor/writer from Vancouver, both of whom advocated the Swedish model of criminalizing clients. From anything heard on the show, ALL prostitutes are victims and being "trafficked." Sorry Susie, but you don't seem to exist in many peoples' minds.

The Tory gov. announced this morning that they will appeal to return the sections of the criminal code, and it will crawl to the Supreme Court, where they will likely lose, due to the very well-presented arguments in the Ontario case. The eventual very likely outcome -- in my opinion -- is that the Tories will introduce a Swedish model, and I suspect the other parties will agree because it seems like a "liberal" solution, supported by many "feminist" groups.

Get ready boys -- you will be criminalized, subject to stings when you answer ads. We will spend huge sums of tax money enforcing the coming system, because it will save all of the women victimized by this profession. It will be just like Springfield after the banning of violent cartoons -- everybody happy, holding hands in the park. Except for me, who will never get laid again, of course.

Good luck with the upcoming battles, Susie.

The best solution is to get rid of the friggin' Harper government. Anybody but them.

What's the difference between the Swedish model and the USA model?

Do these systems really lower the victimization rate against prostitutes, or just the number
of both clients and SP's in the business?

If clients will become criminals, would it be a crime for a Canadian doing it in another country
like Thailand or the Netherlands?

 

[HankQuinlan]

What's the difference between the Swedish model and the USA model?

Do these systems really lower the victimization rate against prostitutes, or just the number
of both clients and SP's in the business?

If clients will become criminals, would it be a crime for a Canadian doing it in another country
like Thailand or the Netherlands?

The USA model criminalizes everyone, but concentrates more on the providers. It does not work, except to spend law enforcement resources harassing women instead of on other more serious crimes.

The Swedish model criminalizes only the patrons, not the providers. They are trumpeting a report that it has reduced prostitution overall in the country, but who knows? I expect it means that clients have to expend more effort finding providers (who are no longer at risk of arrest) that are legitimate, and avoid contacting escorts unknown to them.

It would take a separate law to criminalize our behaviour in other countries, like the present one that makes it rightly illegal to participate in child prostitution anywhere in the world.

 

[uncleg]

so, crazy day!!!

people are right in the statement it is only ontario for now however pivot have been moving a challenge forward in BC for a few years. there were some problems as the worker named in the challenge is a former worker not an active worker.

it does however give anyone facing chargers under these laws a great defense. if the laws are considered unconstitutional in one province any lawyer worth their salt will be able to get a person aquitted.

the harper government stating "pose a public danger" is a red herring. we have a plan that many here have worked on and can be seen here

http://www.wccsip.ca/caec.html

i will begining a lobby for implementation of our plans from coast to coast by phoning every single member of parliament and sentator. joy smith mp from winnipeg area has already put forth a private members bill calling for the swedisdh model of criminalization in canada so we must be on top of this for sure.

i will keep everyone updated.

love susieXXXO

susi keep up the good fight, hope you get lots of support from the Board. Nice picture in The Province today, to bad they had Hubba on the front page.

 

[susi]

thanks men!!! and i will do my best to prevent the swedish criminalize the pooner model!
love susie

 

[sonoman]

What's the difference between the Swedish model and the USA model?

Do these systems really lower the victimization rate against prostitutes, or just the number
of both clients and SP's in the business?

Prostitution laws in the US aren't meant to protect anyone; they are just part of a distorted 'liberal' notion of what is inherently 'right' (like many of their laws and amendments).