A Toronto judge has struck down Canada’s prostitution laws, saying provisions meant to protect women and residential neighbourhoods are endangering sex workers’ lives. If Justice Susan Himel’s decision stands, prostitutes will be able to communicate freely with customers on the street, conduct business in their homes or brothels and hire bodyguards and accountants without exposing them to the risk of criminal sanctions.
Justice Minister Rob Nicholson said the federal government is “very concerned” and is seriously considering an appeal of the 131-page ruling.
Alan Young, a lawyer at the forefront of the landmark legal challenge, said it is too early to say whether Tuesday’s decision could open the door to Canada going “the way of Germany with five-story brothels.”
But to his client, Terri-Jean Bedford, a dominatrix who was convicted in 1998 of keeping a common bawdy house, it was “emancipation day.” “How am I going to celebrate? I’m going to spank some ass,” Bedford, cracking a riding whip, told reporters.
Let the discourse begin anew!
Found by John Martinez.
A Toronto judge couldn’t strike-down a national law …. at best they only have jurisdiction over the province they are in (in the case of Toronto, Ontario).
Nice to see attention to detail by journalists….
I still find no viable reason why prostitution is illegal in so many places.
Especially seeing how marriage is a legal form of it.
If they licensed them would it not civilly be the same?
Cursor_
Prostitution is an inalienable right given to us by Gawd! Its in the Constitution and its high time activist judges stopped upholding locally passed laws against this free enterprise.
FREEDOM: other people doing what you don’t like.
That should be said again, made into bumper stickers and billboards and put on all coins and notes:
FREEDOM: other people doing what you don’t like.
Prostitution apparantly was legal before this ruling but everything surrounding it was illegal, including comunnication for purposes of prostitution and keeping a bawdy house (brothel), among other things. This ruling struck down those federal laws as against a charter (of rights and freedoms, I think) as they make for an unsafe working conditions. It may only apply to Ontario, but since it was against a federal law it is likely that anyone in another province can use it as precident.
The judge is making the laws stay as they are for 30 days to give the government time to make new laws in this area, which of course they can apply to extend when they inevitably drag their feet.
29 days to go.
The ruling decriminalizes prostitution in Ontario. It will probably cause a domino effect across the other provinces like Halpern vs. Canada did for same sex marriage.
Harper and his gang of self righteous tight assess will need to draft new legislation in a hurry. This will be amusing. Any bets on whether Harper hides behind his justice minister or actually sticks his neck out and says something?
Robert Nicholson, Canada’s justice minister, was best known as a Knight of Columbus before taking on this cabinet position. Seriously. I’m guessing that this won’t be in his strike zone.
#4 I second that ! Good phrase.
In Canada, as part of the “constitution” we have a “notwithstanding” clause. It basically lets the federal government pass any law it wants regardless of constitutionality. The only limit is that the law can only be for 5 years maximum, (and then can be renewed by parliament).
So the Canadian federal government could easily pass the problem back to the provinces by passing a law that says the provinces can pass any laws they want regarding prostitution, notwithstanding and conflict with the Charter of Rights.
I’d better set aside some cash in the meantime, when the legal floodgate to prostitution opens I want to be ready!
Hookers AND weed? I need to emigrate.
Prostitution is the same as drugs & gambling everyone (but crime syndicates) is better off if it is legal, regulated and taxed.
Always seemed silly to me that hooking should be a crime! In fact, making it a crime has the effect of having it operated criminally.
You’ve heard all the old arguments – better health and hygiene, fewer robberies, but the one that is likely to make politicians stand up and start thinking, is the tax base. I have no idea of the dollar amount of prostitution in the US each year but I’d be surprised if it’s not in the billions. There’s sales tax, income tax, licensing fees, inspection fees, hell you could probably finance a good part of Obamacare just by requiring each hooker to have a health checkup (and an exorbitant fee) twice a month – or more! I wonder if you could figure out a way to put a value added tax on prostitution?
Bobbo: looks like you’re getting a fan club started above. Be careful!
If you become a fearless leader, who will you argue with?
He can ALWAYS argue with Alfred. That is what Alfred does.
BenintheWodds said: A Toronto judge couldn’t strike-down a national law …. at best they only have jurisdiction over the province they are in (in the case of Toronto, Ontario).
Ontario court decisions are not binding on the rest of the country, this is true; but other courts look to Ontario to set national precedence and will very often follow their leads. Look for similar decisions to start happening in other provinces. If the government appeals to the Supreme Court and loses, then the decision truly is national.
In the words of the late great George Carlin….”Selling is legal. Fucking is legal. Why isn’t selling fucking legal?!!”
By the way, before somebody brings up the morality of prostitution, just remember: your morals are not everyone’s morals.
I happen to be living in a place where prostitution is tolerated but not really regulated. Nice ladies in a brothel are yours for about $65 for 2 – 3 hours. Want one for all night? A hundred bucks or so depending on the quality. Outside the brothels, bargaining is de rigueur.
Society here survives quite nicely despite your morals.
The only people making tax revenue on these transactions are the cops. And that’s not really a tax… it’s a fee.
well, the point is always made that why can you buy some random girl drinks all night to convince her to have sex with you, but just giving her the money outright is illegal?
Sea Lawyer, you’re right making money from prostitution is illegal. For example, this ruling would mean that accountants and security guards who make money around the businesses would be free from prosecution.
#10
Weed is still illegal, though it went through the same situation several years ago for a few months.
That being said, you should be fine finding/smoking it unless you are trying to get caught.
#13–Improb==there is no “arguing” with Alfie.
Defined-Argue: a rational dialectic of ideas.
Exchange with Alfie: Bible Stop.
So, you may note my own fairly limited exchange with Alfie and not “with” him as much as those who might agree with him to start with.
#12–Animby==I could never be a fearless leader. Fearful leader would be possible but very difficult. I’d have to change my nick and maybe even find a new blog. Somewhere where the respondee’s don’t think their opinions should be billed for? Where opinions are not just phoned in? Where “looking for an argument” is an invitation rather than a conclusion?
I love the law of unintended consequences. Get all moral and close down Craig’s List: encouraging if not forcing the girls and john’s into the tender mercies of pimps and gangs.
FREEDOM: Other people doing things you don’t like.