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Breaking news: Court tosses prostitution laws' provisions

Bucky

Pimpin' ain't easy...
Dec 18, 2005
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Quelqu'un pourrait traduire svp, merci :)
 

Bucky

Pimpin' ain't easy...
Dec 18, 2005
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Merci a la radio : La prostitution est maintenant légale en ontario ! youhou !
 

duetoday

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Jul 16, 2008
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Sorry this is not declaring prostitution legal,it never was illegal...What is illegal is keeping a bawdy house or living off the avails or sollicitation:these are the provisions that were thrown away.Now,you have to realise this is only Ontario Superior Court not Supreme or Appeals...They(Public minister) will probably appeal that judgment in the time allowed for it...But in the meantime, police raids would be very unlikely...
What is interesting is the judge The Honourable Susan Himel is a woman...
This is a good omen for things to come...

En francais:la prostitution n'a jamais ete illegale au Canada,mais tenir une maison de debauche,vivre des fruits de la prostitution ou solliciter l'est.
Cependant il s'agit,en l'instance,d'un tribunal de la cour superieure,pas de la cour d'appel ou supreme.Le ministere public va probablement porter la cause en appel durant le temps qui lui est alloue pour le faire.
Mais il serait tres surprenant que la police fasse des descentes et/ou arrestations sur ces bases en attendant,ce n'est pas exclu mais improbable.
Ce qui est interessant est que le juge qui a rendu ce verdict, l'Honorable Susan Himel est une femme,ce qui augure bien pour le futur.
 
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Aeolus

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Oct 30, 2009
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When it comes to the rendering of legal decisions on prostitution, I always brace for impact. This one was a pleasant surprise. Kudos to the three ladies who brought this case forth. Hopefully, things will continue to progress along the same lines as the case makes its way through the legal system.
 

Royal

Out of Order
Jun 25, 2010
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Wow, that is a surprise indeed :)
 

sigma69

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Sep 11, 2010
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Good news indeed.
On the other hand, the government is sure to appeal. It is also a safe bet that the federal government will use this issue to embarrass the opposition and will try to use the issue as electoral PR (most "talking heads" see federal elections sometime in the spring...). So, keep in mind that if Parliament needs to change the law, it could be changed for the worse...

According to Cyberpresse, the court's decision will take effect in Ontario in 30 days. It will have no impact on the rest of Canada until the appeals process runs out.

http://www.cyberpresse.ca/actualite...ribunal-annule-des-lois-anti-prostitution.php
 

sigma69

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Sep 11, 2010
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Here's a question for our legal minds:
my understanding is that the "bawdy house" provision is the one invoked by Quebec and Montreal authorities to regulate what goes on in SC cabins. Should that provision be found invalid by the Court of Appeals, what would be the impact on clubs?
 

joeblow

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Sep 29, 2003
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It is also a safe bet that the federal government will use this issue to embarrass the opposition and will try to use the issue as electoral PR (most "talking heads" see federal elections sometime in the spring...). So, keep in mind that if Parliament needs to change the law, it could be changed for the worse...
Sigma -- Please explain yourself on that.

I would expect that any government would try to stay away from such a contentious issue. Let's remember that within the electorate, there are probably more johns (who presumably support the court ruling), including among conservative supporters, than moralists who want a tightening of the rules.
 
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hungry101

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Oct 29, 2007
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Did you read any of the reaction of the Canadians to the ruling? Read the comments that all the woman are leaving in regards to the court's decision.

I like this one:

Prostitution will make Canada a haven for human trafficking besides, it is also true that prostitution is in fact harmful to women in general because of the reward factor provided by it for the men who would rather pay money to have sex than to be gentlemen, adjust their attitude regarding the other half of the population and learn how to win love from females as opposed to demanding it or carrying on with life as if it's something they are entitled to, never mind the dangers to the women who only fuel the type of personality that can turn violent towards females, when they are more than willing to reward those who really only need to adjust their attitudes but refuse to

Read more: http://www.cbc.ca/canada/ottawa/story/2010/09/28/prostitution-law028.html#ixzz10ra2kfzY

To me these woman's groups that are against prostitution are in the business of emascalating men. They want us to be subserviant to woman in general. This comment I submit as evidence. If you are busted in Atlanta you have to go through feminist reeducation that teaches you how prostitution exploits woman. They never talk about the SP that ran out of my room with my hard earned money in Sao Paulo or the shitty service I got in several instances in the USA.

I wish woman would pay me to use my body!
 

pat98

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Mar 26, 2010
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BuckNaked2k

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Jan 27, 2004
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Is This Really Good News?

I've always liked the fact that hobbying in Montreal, et al. has kind of been "under the radar". If this decision eventually creates an environment of "anything goes", it will put an international spotlight on the country & open the floodgates for an uncontrolled horde descending for this specific trade.

Gone will be the days of anonymous purposes, and the nice, quiet, affordable Outcall experience at my favorite hotels.

:(
 

sigma69

Active Member
Sep 11, 2010
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Sigma -- Please explain yourself on that.

I would expect that any government would try to stay away from such a contentious issue. Let's remember that within the electorate, there are probably more johns (who presumably support the court ruling), including among conservative supporters, than moralists who want a tightening of the rules.

For ex., just read the public comments left on both the English and French CBC websites. The morality brigades are out denouncing this court's ruling. It is being denounced by the right wing as another blow to Canadian society's morality and it is being denounced on the left because "sex work is degrading to women"...

Whether the issue will have enough political juice to be used by the government, I do not really know. But never count the bluenoses out. They always come back it seems...(abortion is apparently a big issue in some western provinces)

You are right that there are johns even among conservative supporters. But there is also a lot of hypocrisy in politics, throughout the political spectrum. The list of politicians who have done things they voted to ban is endless: sex (straight or gay), drugs, financial fraud, tax evasion, etc...

Re: contentiousness of the issue. If you compare the "bawdy house" issue to, say, the gay marriage issue (which the government IS avoiding, until it gets its majority, presumably), you will find that gay marriage rights have fairly broad support in society, and very strong support in some segments of society. Most people will not mind at all having gays neighbors, but will object to having a "bawdy house" next door...property values!! I think the whole "prostitution" issue has much less public support in general that we would like.

In the typical Montreal workplace, the vast majority of gays are comfortably "out"... most "johns" or sex workers are not.
 

Aeolus

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Oct 30, 2009
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Most people ... will object to having a "bawdy house" next door...property values!!

As long as a good neighbor discount is offered, what's the problem? Actually, some of us might pay good money to live closer to where the action is.

People already live next to independent SPs who have trick pads, and brothels are already in operation under different names (i.e. strip clubs, massage parlors, etc.). If incalls are legalized, zoning will be key in addressing such concerns.
 
K

Kansas Frank

Common sense, rationality and the Constitution prevails. Hopefully, the Supreme Court will uphold the rights of sex workers and afford them the equal protection of the law they are entitled, just as every other people who work in other professions.
 

sinbad

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Dec 11, 2004
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Is the judge not trying to square the circle? At present, prostitution itself is legal in Canada, but the means of doing it (soliciting and using a dwelling to meet paying clients) is not. Morality concerns aside, that position is illogical and hypocritical. It will be interesting to see where it goes.

sinbad.
 

daydreamer41

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Feb 9, 2004
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An Ontario court has thrown out key provisions of Canada's anti-prostitution laws in response to a constitutional challenge by a Toronto dominatrix and two prostitutes in 2009.

Ontario's Superior Court of Justice ruled Tuesday the Criminal Code provisions relating to prostitution contribute to the danger faced by sex-trade workers.

In her ruling, Justice Susan Himel said it now falls to Parliament to "fashion corrective action."

"It is my view that in the meantime these unconstitutional provisions should be of no force and effect, particularly given the seriousness of the charter violations," Himel wrote.

"However, I also recognize that a consequence of this decision may be that unlicensed brothels may be operated, and in a way that may not be in the public interest."

The judge suspended the effect of the decision for 30 days. It does not affect provisions dealing with people under 18.

Read more: http://www.cbc.ca/canada/ottawa/story/2010/09/28/prostitution-law028.html#ixzz10sEwu6Za

This Judge is asking the Parliament to correct the statue. What does this mean? Is she asking them to make licensing of SP's required? Currently, I think it is up to the local government to require licenses or not?

And I think that the local governments will zone districts for brothels if her ruling stands.
 
K

Kansas Frank

Is the judge not trying to square the circle? At present, prostitution itself is legal in Canada, but the means of doing it (soliciting and using a dwelling to meet paying clients) is not. Morality concerns aside, that position is illogical and hypocritical. It will be interesting to see where it goes.

sinbad.

I listened to a piece on CBB radio today's show "As in Happens" http://www.cbc.ca/asithappens/ and the attorney representing the plaintiffs explained it well. I love that show.
 
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