Canada's Prostitution Laws Struck Down

[flylock shox]

The Supreme Court of Canada has struck down the country's anti-prostitution laws in a unanimous decision, and given Parliament one year to come up with new legislation —should it choose to do so.

In striking down laws prohibiting brothels, living on the avails of prostitution and communicating in public with clients, the top court ruled Friday that the laws were over-broad and grossly disproportionate.

Link

[troutman]

http://forum.calgarypuck.com/showthread.php?t=95853

[Hemi-Cuda]

Originally Posted by troutman

http://forum.calgarypuck.com/showthread.php?t=95853

That's a thread for the Ontario provincial court ruling, I think a Canada supreme court decision deserves it's own thread

So how soon until we see the first legal brothels in Calgary?

[CaptainCrunch]

The biggest problem I have is it strikes down the living off of the avails of prostitution which is one of the big weapons that the police use to go after pimps.

[troutman]

Originally Posted by Hemi-Cuda

That's a thread for the Ontario provincial court ruling, I think a Canada supreme court decision deserves it's own thread

It is the same case that got appealed to the Ontario Court of Appeal, then the SCC.

[MarchHare]

Originally Posted by CaptainCrunch

The biggest problem I have is it strikes down the living off of the avails of prostitution which is one of the big weapons that the police use to go after pimps.

The Supreme Court noted that while the intent of the law was to criminalize pimping, a by-product was that it also prevented prostitutes from hiring drivers/bodyguards, thus making their already-dangerous profession even riskier.

[Parallex]

Originally Posted by CaptainCrunch

The biggest problem I have is it strikes down the living off of the avails of prostitution which is one of the big weapons that the police use to go after pimps.

But the only reason they use that to go after Pimps is because the defacto criminalization of prostitution effectively prevents them from going after Pimps for the actual harm.

Remove the Avails and Bawdy house provisions and prostitutes can move inside from the streets and hire someone to provide what little actual service pimps do provide, remove the criminalization of prostitution and people can report abuse (I imagine at a significantly reduced rate) to the police without having to implicate themselves in criminal activity.

[Acey]

Will this mean an influx of sex workers to Canada? Our high standard of living plus favorable laws?

[Thor]

Excellent decision!

[CaptainCrunch]

Originally Posted by Parallex

But the only reason they use that to go after Pimps is because the defacto criminalization of prostitution effectively prevents them from going after Pimps for the actual harm.

Remove the Avails and Bawdy house provisions and prostitutes can move inside from the streets and hire someone to provide what little actual service pimps do provide, remove the criminalization of prostitution and people can report abuse (I imagine at a significantly reduced rate) to the police without having to implicate themselves in criminal activity.

Then when the laws are redesigned they're going to have to almost view prostitution from a split perspective.

Legalization won't get rid of the more unsavory aspects of prostitution which is the guys that want the young stuff, and I don't think its going to get rid of the human slavery importation aspect. There will still be a massive underground black market of exploited girls.

I get the avails thing, but what's to stop someone from setting up shop getting his girl licensed and tested and still kicking the crap out of the girl when she doesn't make enough money for him.

One of the biggest issues with prostitutes is the cone of silence and the walls of fear that drive these girls lives.

The legalization is fine for those girls that would be considered the out in the open type, the ones that advertise on the different websites

But striking some of the laws really prevents the targeting of the underground.

Just my 2 cents.

[Kswiss]

Divorce Lawyers will be pissed!

[Tinordi]

Great news, there's no way a rational person who read all of the evidence presented to the court could conclude that Canada's prostitution laws were a good thing.

That's reflected by the unanimous 9-0 decision by the court.

[Drunk Skunk]

Well that certainly answers my questions about what to do in Toronto

[Parallex]

Originally Posted by CaptainCrunch

Legalization won't get rid of the more unsavory aspects of prostitution which is the guys that want the young stuff

Which is still illegal (age of consent laws)

Originally Posted by CaptainCrunch

I get the avails thing, but what's to stop someone from setting up shop getting his girl licensed and tested and still kicking the crap out of the girl when she doesn't make enough money for him.

Nothing... but kicking the crap out of the girl is already illegal (Assualt causing bodily harm). And now the girl can report him to the police without having to fear jail time herself (and hire security that won't assualt her).

I'm 100% sure there will still be abuse out there... but I'm also 100% sure that there will be less of it and I'm glad that a significant amount of money will be leaving the coffers of the criminal element when all is said and done.

[Hemi-Cuda]

Originally Posted by Parallex

Which is still illegal (age of consent laws)



Nothing... but kicking the crap out of the girl is already illegal (Assualt causing bodily harm). And now the girl can report him to the police without having to fear jail time herself (and hire security that won't assualt her).

I'm 100% sure there will still be abuse out there... but I'm also 100% sure that there will be less of it and I'm glad that a significant amount of money will be leaving the coffers of the criminal element when all is said and done.

Ya you'll never be able to remove the dark elements completely, but everything about the decision today will make the life of a sex worker better than what it was

[troutman]

Originally Posted by Kswiss

Divorce Lawyers will be pissed!

Why? Will wives be happy now that their husbands are legally seeing prostitutes?

[DuffMan]

Well, I know what I'm doing tonight, before they change their minds.

[Makarov]

Originally Posted by CaptainCrunch

I get the avails thing, but what's to stop someone from setting up shop getting his girl licensed and tested and still kicking the crap out of the girl when she doesn't make enough money for him.

Sections 266, 267, etc, of the Criminal Code?

EDIT" Parallelx beat me to it.

[HelloHockeyFans]

Originally Posted by CaptainCrunch

Then when the laws are redesigned they're going to have to almost view prostitution from a split perspective.

Legalization won't get rid of the more unsavory aspects of prostitution which is the guys that want the young stuff, and I don't think its going to get rid of the human slavery importation aspect. There will still be a massive underground black market of exploited girls.

I get the avails thing, but what's to stop someone from setting up shop getting his girl licensed and tested and still kicking the crap out of the girl when she doesn't make enough money for him.

One of the biggest issues with prostitutes is the cone of silence and the walls of fear that drive these girls lives.

The legalization is fine for those girls that would be considered the out in the open type, the ones that advertise on the different websites

But striking some of the laws really prevents the targeting of the underground.

Just my 2 cents.

But if it's legalized, working girls now have options in the market to work wherever they please at places that are regulated, etc. and no longer have to work for a guy from the street. Am I missing something?

Sure, today's pimp I suppose could open something legal (probably wouldn't fit the requirements anyway, but let's say he can), but like any other industry, if the worker is unhappy, they walk and go to a competitor, no?

[CaptainCrunch]

Originally Posted by HelloHockeyFans

But if it's legalized, working girls now have options in the market to work wherever they please at places that are regulated, etc. and no longer have to work for a guy from the street. Am I missing something?

Sure, today's pimp I suppose could open something legal (probably wouldn't fit the requirements anyway, but let's say he can), but like any other industry, if the worker is unhappy, they walk and go to a competitor, no?

I watched the series on prostitution on MNBC and it was pretty horrifying to watch.

Like I said I don't think that striking down the laws is a bad thing for those truly independent girls out there, to a extent it will make it safer for some other girls.

But siting the criminal laws that are on the books in terms of assault haven't made a difference in going after the pimps.

I think you can legalize prostitution while keeping the avails law in place but defining a contract process for the girls hiring protection.

As for a pimp opening a legal brothel and if the girl's unhappy she can walk away.

There are a whole lot of dead and debilitated girls that thought that way and won't go to the police out of fear and control.

I would almost think that the licensing database should be upgraded to have regular contact with the girl so if she does go missing its not another forgotten statistic.