The law article that prohibits the right to pay is illigal.

[Sarahstarlight]

Subsection 52(1) – The supremacy clause of the Canadian Charter of rights.

Provision

52.(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

The Charter of Rights and Freedoms (the Charter) protects basic rights and freedoms that are essential to keeping Canada a free and democratic society. It ensures that the government, or anyone acting on its behalf, doesn’t take away or interfere with these rights or freedoms unreasonably. It is a powerful force for progress, protection, compassion and fairness with the power to influence our society by interpreting laws and policies.

The rights and freedoms protected by the Charter fall into 7 categories: fundamental freedoms and equality of rights are not respected by bill c-36.

Fundamental freedoms
We’re free to think our own thoughts, speak our minds, listen to views of others and express our opinions in creative ways. *We’re also free to meet with anyone we wish and participate in peaceful demonstrations. This includes the right to protest against a government action or institution.

However, these freedoms are not unlimited. There may be limits on how you express your religious beliefs if your way of doing so would infringe on the rights of others.

Equality rights

Equality rights are at the core of the Charter. They are intended to ensure that everyone is treated with the same respect, dignity and consideration (i.e. without discrimination), regardless of personal characteristics such as race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, sexual orientation, residency, marital status or citizenship.

As a result, everyone should be treated the same under the law. Everyone is also entitled to the same benefits provided by laws.

Therefore I would love to see someone defend that with the supreme court.

 

[Sarahstarlight]

Sarah, you may be correct, but you might be disappointed with the practical result if your arguments are successful.


Isn’t an unconstitutional but unenforced law like c-36 better than the potential alternatives?

I believe that the c-36 law is useful when it protects the victims, I vote not for its abolition but for the invalidation of any unconstitutional article that violates the fundamental rights and liberties of Canadians for the simple and just reason those articles are illigal.

Supremacy is all supremacy means.
There is no law more powerfull then the Supreme law, the article that prohibits to pay is inconsistent with the provisions of the Constitution it therefore is of no force or effect.
Thank you for your reply.

Canada (AG) v Bedford is a ruling of the Supreme Court of Canada relating to Canada's laws relating to sex work
The applicants, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, argued that Canada's prostitution laws were unconstitutional.
The Criminal Code includes a number of provisions, such as outlawing public communication for the purposes of prostitution, operating a bawdy house or living off of the avails of prostitution, even though prostitution itself is legal.
The applicants argued that the laws deprive sex workers of their right to security by forcing them to work secretly.
In 2012, the Court of Appeal for Ontario ruled that some, but not all, of these prohibitions violated the Canadian Charter of Rights and Freedoms and were unconstitutional. The Supreme Court of Canada ruled in a 9–0 decision on December 20, 2013, that all of these laws are unconstitutional; although, it delayed the striking down of the laws by one year to allow Parliament to update the laws in accordance with the ruling.

Then Harper just somewhat missed the purpose with billc-36.

 

[2fast2slow]

very informative,

what country do you think has currenty the best overall set of laws for both parties (providers and purchasers)?

 

[Sarahstarlight]

I am confused as to what you would be making illegal then. .

I would remove just the article that prohibits clients to pay since its the only one really disturbing peace of mind of clients.

 

[Sarahstarlight]

If a sex worker and John can’t find each other because she can’t advertise, he can’t go online to determine if she is a rip-off artist

I will always argue that keeping this activity out of public view is very important in avoiding these little, but destructive, policies such as Zoning Issues.

Actually with bill C36 advertising is completly legal if you do it yourself.
Advertising Offence:Knowingly advertising an offer to provide sexual services for consideration (section 286.4)Those who sell their own sexual services are protected from criminal liability for committing this offence if they advertise their own sexual services (paragraph 286.5(1)(b)), or for participating in the commission of this offence if the offence relates to their own sexual services (subsection 286.5(2))
Advertising Offence:Knowingly advertising an offer to provide sexual services for consideration (section 286.4)Those who sell their own sexual services are protected from all criminal liability for committing this offence if they advertise their own sexual services (paragraph 286.5(1)(b)), or for participating in the commission of this offence if the offence relates to their own sexual services (subsection 286.5(2))

For your last point... about that keeping this activity out of public view*... I completly agree.

 

[Sarahstarlight]

Restrictions on advertising only exist because when there is no limit some ads can be really obsene and therefore disturb the public.
The Internet being a place accessible to the public.

Advertising is protected by the fondamental right to express yourself It will never dissapear.

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

 

[Sarahstarlight]

Patron

And Portugal, even though prostitution is legal, has always made researching this activity difficult by restricting ads on sites with multiple independents and agency ladies in a way that discourages pricing and detailing of services, although the videos in the ads often show full nudity. So a person needs to join the gp-pt.net review site and use a browser that translates into English to get pricing and service details.

The government has a lot of ability to make this activity an administrative pain in the ass. Lawsuits against the government for Unconstitutional laws by lawyers wanting to show how smart they are tend to piss governments off.

Its ok by me since I think every new client should be able to brieffly speak with the sp they are going to meet. I think SP'S Shouldnt meet with someone they never ever ever spoke to for 1 minute at least.

and as for this part ... The government has a lot of ability to make this activity an administrative pain in the ass......
I Believe it really depends who is the government!
I love Justin Trudeau he recently talked about a statement his father made a long time ago one with he totally agrees;
Trudeau Words, '' There's no place for the state in the bedrooms of the nation!

 

[Sarahstarlight]

Patron

I personally am against pimping as well!
SP' And people should be the initiators of their own actions.
interesting to read you.... When law enforcement of any country informs a website that it will be charged with pimping....... it brought me to reflect on some particularities.
Ego is the biggest problem
QUICK REFLECTION
Stormy Daniels uses to advertise on Backpage
Stormy Daniels meets with Donald Trump
Stormy Daniels just can't keep quiet on her a fair if we can even call it an affair... frustrated she didn't get what she wanted she decides to try to dirty him. (ego problem)
Trump is embarrassed by by her allegations and decides to go at war... later all the sites she advertises on being either seized or shutting down
Donald Trump had a Facebook page where he had millions of follower fans Facebook shuts down his page for whatever reason
Trump is pissed by this and decides to go at war...
Just reflecting.
be careful who you mess with.

 

[Halloween Mike]

The Australian province (or whatever the call it) that includes Melbourne passed a law restricting advertising for completely legal prostitution, and that restriction simply prohibits suggestive acronyms. So the Melbourne providers now have to answer more emails and texts detailing their services, which increases their administrative time (but really increased the revenue for the subscription review site punterplanet).

Im glad you mention Australia. I mean don't get me wrong Quebec as a lot of hot ladies and Canada as well. Love our market, but i found an australian site and damn is it a paradise if you got the money? Lots and lots of super hot ladies, lots showing there faces, majority having a ton of acronyme/extras. And to go around the melbourne problem, you can usually find the same lady ads in a different section and all her acronyme are listed.

Seriously if i win the loto, ill enjoy Montreal market and Toronto too probably, but ill make a trip to Australia for sure (without coke in my luggage )

As for our current law, yeah its stupid, you can sell but you can't buy... the concept in itself is uber dumb, but thankfully its not really enforced. The only negative it create is that its easier for clients to get ripped off :/ Law is on the side of the provider...