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General Category => Off the Record => Topic started by: jimmy olsen on December 24, 2013, 01:45:53 AM

Title: Supreme Court strikes down Canada's prostitution laws
Post by: jimmy olsen on December 24, 2013, 01:45:53 AM
Barrister Boy is frothing with rage! 

We need a version of this smile with an angry face for these cases. :Canuck:

http://www.cbc.ca/news/politics/supreme-court-strikes-down-canada-s-prostitution-laws-1.2471572

Quote
Supreme Court strikes down Canada's prostitution laws
Parliament has 1 year to bring in new law as Criminal Code provisions remain in place

CBC News Posted: Dec 20, 2013 9:53 AM ET Last Updated: Dec 20, 2013 10:40 PM ET

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.

    'It is not a crime in Canada to sell sex for money.'- Chief Justice Beverley McLachlin, Supreme Court of Canada

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."

"Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes," wrote Chief Justice Beverley McLachlin in the 9-0 decision that noted "it is not a crime in Canada to sell sex for money."

The ruling was in response to a court challenge by women with experience in the sex trade, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott that had resulted in an Ontario court ruling that overturned the laws.

The Ontario Court of Appeal later upheld the law against communicating in public, but sided with the lower court in overturning the provisions against living off the avails and keeping a common bawdy house or brothel.

"These appeals and the cross-appeal are not about whether prostitution should be legal or not. They are about whether the laws Parliament has enacted on how prostitution may be carried out pass constitutional muster. I conclude that they do not," McLachlin wrote.

"I would therefore make a suspended declaration of invalidity, returning the question of how to deal with prostitution to Parliament."

That means the provisions stay in the Criminal Code for the next year while the government decides what to do.

In a statement, Justice Minister Peter MacKay said the government would take the time to decide how to address "this very complex matter."

"We are reviewing the decision and are exploring all possible options to ensure the criminal law continues to address the significant harms that flow from prostitution to communities, those engaged in prostitution and vulnerable persons," his statement said.

MacKay also said there are "a number of other Criminal Code provisions" in place to protect sex-trade workers "and to address the negative effects prostitution has on communities."

The women in the case had argued that the law prevented them from safely conducting their business as sex-trade workers, arguing that hiring bodyguards and drivers, and being able to work in private homes or talk with potential clients in public were important to their safety.

"Now the government must tell Canadians, all consenting adults, what we can and cannot do in the privacy of our home for money or not. And they must write laws that are fair," Bedford told reporters gathered in the foyer of the Supreme Court building in Ottawa on Friday.

One of her co-respondents in the appeal said a new law won't work.

"The thing here is politicians, though they may know us as clients, they do not understand how sex work works," said Scott. "They won't be able to write a half-decent law. It will fail. That's why you must bring sex workers to the table in a meaningful way."
'Sky's not going to fall in'

Scott says new laws should be up to municipalities, not the federal government.

"If the Harper government rewrites laws, they will fail and the next generation of sex workers will be right back here. So let's not be stupid, federal government. Let's do something progressive, actually."

Scott added that "the sky's not going to fall in" with Friday's ruling.

"People said that when women got the right to vote, equal pay, equal rights, and same sex marriage — all of those things, every single one, people said the sky would fall in. It did not. Society is the better for it and society will be the better for sex workers having proper civil and occupational rights."

The women's lawyer, Alan Young, said it was important to understand the ruling affects "one of the most under-enforced laws in the Canadian Criminal Code.

"The fact that people are crying that the law's been invalidated, [they] don't understand that the law's been ineffective and largely just used in a discriminatory way."

"We're not really going to see any change tomorrow. It's going to be business as usual," Young said.

Others condemned the ruling.

"It's a sad day that we've now had confirmed that it's OK to buy and sell women and girls in this country. I think generations to come — our daughters, their granddaughters and on — will look back and say, 'What were they thinking?,'" said Kim Pate, executive director of the Canadian Association of Elizabeth Fry Societies and a member of the Women's Coalition for the Abolition of Prostitution.

"To say that [prostitution] is a choice when you're talking about the women we work with is to say that in fact it's OK to just exploit them," Pate said.

"We've never seen men criminalized for buying and selling women and girls. We've always seen women criminalized for selling themselves. We absolutely object to the criminalization of women. Our position would not interfere with those women who truly have made their choices."
Worry about 'open season' for prostitution

Don Hutchinson, vice-president and general legal counsel for Evangelical Fellowship of Canada, said his group wants Parliament to come back with a new law that would "criminalize the purchase of sex and provide support services for those who wish to exit the sex trade.

"What we're suggesting is that for the first time in Canada, prostitution would be illegal. The purchase of sexual services or the rental of somebody's body would become illegal," Hutchinson said.

"If there's no replacement legislative scheme, then it's open season in regard to prostitution."

Lebovitch, however, said the decision will help protect sex-trade workers.

"I am shocked and amazed that sex work and the sex work laws that affect our lives on a daily basis will within a year not cause us harm any more."

"It's a huge victory for all the people in Vancouver, all my sisters out there who are going to be safe. It's just a huge, huge victory. I'm so happy," added Lorna Bird of the advocacy group Sex Workers United Against Violence.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Barrister on December 24, 2013, 01:57:22 AM
Been discussed in the Canadian politics thread.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Admiral Yi on December 24, 2013, 02:23:11 AM
TIMMIED!

:face:
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: jimmy olsen on December 24, 2013, 02:24:37 AM
Quote from: Barrister on December 24, 2013, 01:57:22 AM
Been discussed in the Canadian politics thread.
No non-canadians read that thread.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Drakken on December 24, 2013, 09:14:24 AM
It's a battle won that will lead to a war lost for prostitutes. Anyone who thinks the Conservatives will allow prostitutes to organize legal brothels or in-door bathhouses is out of his or her mind. Under the Liberals it might have happened, but Conservatives with their hard-on policy for law and order will not risk to lose even more points with their social conservatives militants by seeming soft on prostitution.

What's looming, I predict, is something akind to the Swedish and the French way; making buying sex illegal and johns caught in the act heavily fined.

Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Ed Anger on December 24, 2013, 09:27:22 AM
I'm off to Windsor.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Drakken on December 24, 2013, 10:21:16 AM
Quote from: Ed Anger on December 24, 2013, 09:27:22 AM
I'm off to Windsor.

Law's still upheld, the SC decision is suspended for a year after the decision.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: dps on December 24, 2013, 10:55:05 AM
Quote from: Ed Anger on December 24, 2013, 09:27:22 AM
I'm off to Windsor.

Don't get your hopes up;  I don't think anyone will be willing to pay very much to have sex with you.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Eddie Teach on December 24, 2013, 11:07:49 AM
We really need a maple leaf smilie, neither coon-skin caps nor Stetson hats say "Canada!"
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Admiral Yi on December 24, 2013, 11:11:17 AM
 Agreed.  Davey Crockett and Wyatt Earp were not Canadian.

This is closer:  :uffda:
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Maximus on December 24, 2013, 11:12:23 AM
Quote from: Peter Wiggin on December 24, 2013, 11:07:49 AM
We really need a maple leaf smilie, neither coon-skin caps nor Stetson hats say "Canada!"
Maple leaf doesn't either, really. A toque would work.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: derspiess on December 24, 2013, 11:23:53 AM
A Bob & Doug Mackenzie smiley would work.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Admiral Yi on December 24, 2013, 11:24:41 AM
Quote from: derspiess on December 24, 2013, 11:23:53 AM
A Bob & Doug Mackenzie smiley would work.

:uffda:  + :ccr
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: DGuller on December 24, 2013, 12:26:28 PM
Quote from: dps on December 24, 2013, 10:55:05 AM
Quote from: Ed Anger on December 24, 2013, 09:27:22 AM
I'm off to Windsor.

Don't get your hopes up;  I don't think anyone will be willing to pay very much to have sex with you.
How much are we talking here?
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: 11B4V on December 24, 2013, 02:36:04 PM
Good show Canada. Now all you need to do is regulate it and tax it.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Drakken on June 04, 2014, 04:24:58 PM
New bill presented in the House to amend the Prostitution Law under the provisions of the Supreme Court's decision... and we'll import the Nordic system. In other words, soon in Canada buying sex services will be a criminal offence, whether the sex worker is pimped or not, brotheled or not, willingly selling of her own free will or not.

Hate to say I had told you so, but... I had told you so.  :nelson:
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: The Brain on June 04, 2014, 04:28:23 PM
:nelson: Canada FIAL.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Jacob on June 04, 2014, 04:49:44 PM
Quote from: Drakken on June 04, 2014, 04:24:58 PM
New bill presented in the House to amend the Prostitution Law under the provisions of the Supreme Court's decision... and we'll import the Nordic system. In other words, soon in Canada buying sex services will be a criminal offence, whether the sex worker is pimped or not, brotheled or not, willingly selling of her own free will or not.

Hate to say I had told you so, but... I had told you so.  :nelson:

Hmm... I don't know if it's fair to call it the "Nordic system" when prostitution is perfectly legal in Denmark. It really is the Swedish and Norwegian system.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Ideologue on June 04, 2014, 04:53:26 PM
I read the thread title and according to the street signs, I've somehow teleported to Vancouver.  Jacob, can I crash?
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Valmy on June 04, 2014, 05:04:17 PM
Quote from: Jacob on June 04, 2014, 04:49:44 PM
Hmm... I don't know if it's fair to call it the "Nordic system" when prostitution is perfectly legal in Denmark. It really is the Swedish and Norwegian system.

Nordic means Sweden.  The other supposed Nordic countries are just satellites to its shining sun.  Or so EU2 taught me.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Jacob on June 04, 2014, 05:07:11 PM
Quote from: Ideologue on June 04, 2014, 04:53:26 PM
I read the thread title and according to the street signs, I've somehow teleported to Vancouver.  Jacob, can I crash?

I'll help you out, sure. Right now it'll be a bit crowded though, since we've got both my in-laws and my sister staying with us... and, of course, the 7 month old baby, not to mention that psychologically damaged dog.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Ideologue on June 04, 2014, 05:10:16 PM
That was an incredibly detailed response to someone who just told you he teleported.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Ideologue on June 04, 2014, 05:12:11 PM
Quote from: Valmy on June 04, 2014, 05:04:17 PM
Quote from: Jacob on June 04, 2014, 04:49:44 PM
Hmm... I don't know if it's fair to call it the "Nordic system" when prostitution is perfectly legal in Denmark. It really is the Swedish and Norwegian system.

Nordic means Sweden.  The other supposed Nordic countries are just satellites to its shining sun.  Or so EU2 taught me.

I play as Denmark and swallow them whole after they get all the events that boost every province's base tax to 20 and make manufactories appear out of thin air.  Then I eat the HRE with my German culture.  Then I put serfdom to 0 and legalize sex work.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: crazy canuck on June 04, 2014, 05:33:02 PM
Quote from: Drakken on June 04, 2014, 04:24:58 PM
New bill presented in the House to amend the Prostitution Law under the provisions of the Supreme Court's decision... and we'll import the Nordic system. In other words, soon in Canada buying sex services will be a criminal offence, whether the sex worker is pimped or not, brotheled or not, willingly selling of her own free will or not.

Hate to say I had told you so, but... I had told you so.  :nelson:

Not at all Drakken.  Both the Prostitute and the Customer are being criminalized under this Bill.  In fact the criminal sanctions on prostitutes have been increased.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Ed Anger on June 04, 2014, 06:51:55 PM
Quote from: Ideologue on June 04, 2014, 05:10:16 PM
That was an incredibly detailed response to someone who just told you he teleported.

You teleport onto my properties and I'll shoot you.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Ideologue on June 04, 2014, 07:53:43 PM
Why the fuck would I teleport to Ohio?  I already live in a shitty red state, but at least the weather is nice.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Jaron on June 04, 2014, 08:25:57 PM
Legalize it and I'll advertise it.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: DontSayBanana on June 04, 2014, 08:30:49 PM
Quote from: Jacob on June 04, 2014, 04:49:44 PM
Hmm... I don't know if it's fair to call it the "Nordic system" when prostitution is perfectly legal in Denmark. It really is the Swedish and Norwegian system.

It's catching on.  The last time I served on the grand jury, I was surprised to find that's the way New Jersey prefers to handle it.  There are still laws on the books about solicitation, but the prosecutors pretty much refuse to file charges.  As it was explained to us, it's going that way because of concerns about the overlap between prostitution and victims of human trafficking.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Sheilbh on June 04, 2014, 10:16:36 PM
Quote from: crazy canuck on June 04, 2014, 05:33:02 PM
Quote from: Drakken on June 04, 2014, 04:24:58 PM
New bill presented in the House to amend the Prostitution Law under the provisions of the Supreme Court's decision... and we'll import the Nordic system. In other words, soon in Canada buying sex services will be a criminal offence, whether the sex worker is pimped or not, brotheled or not, willingly selling of her own free will or not.

Hate to say I had told you so, but... I had told you so.  :nelson:

Not at all Drakken.  Both the Prostitute and the Customer are being criminalized under this Bill.  In fact the criminal sanctions on prostitutes have been increased.
:bleeding: That's a shame. The Nordic model's the one to go for :contract:
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Josephus on June 04, 2014, 10:27:19 PM
I don't mind Nordic models at all.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: The Brain on June 05, 2014, 01:03:42 AM
Quote from: Sheilbh on June 04, 2014, 10:16:36 PM
Quote from: crazy canuck on June 04, 2014, 05:33:02 PM
Quote from: Drakken on June 04, 2014, 04:24:58 PM
New bill presented in the House to amend the Prostitution Law under the provisions of the Supreme Court's decision... and we'll import the Nordic system. In other words, soon in Canada buying sex services will be a criminal offence, whether the sex worker is pimped or not, brotheled or not, willingly selling of her own free will or not.

Hate to say I had told you so, but... I had told you so.  :nelson:

Not at all Drakken.  Both the Prostitute and the Customer are being criminalized under this Bill.  In fact the criminal sanctions on prostitutes have been increased.
:bleeding: That's a shame. The Nordic model's the one to go for :contract:

No, it's retarded.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Grallon on June 05, 2014, 06:23:04 AM
I wonder how many years it will take to undo all the damage the Conservatives will have caused when they are finally ousted?



G.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Valmy on June 05, 2014, 08:26:25 AM
As many as it takes to undo Liberal corruption?
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Malthus on June 05, 2014, 08:34:50 AM
Quote from: Valmy on June 05, 2014, 08:26:25 AM
As many as it takes to undo Liberal corruption?

It's the endless cycle of Canadian elections.  :lol:
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: merithyn on June 05, 2014, 10:54:49 AM
Quote from: Malthus on June 05, 2014, 08:34:50 AM
Quote from: Valmy on June 05, 2014, 08:26:25 AM
As many as it takes to undo Liberal corruption?

It's the endless cycle of elections.  :lol:

:)
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: crazy canuck on June 05, 2014, 10:57:03 AM
Quote from: Josephus on June 04, 2014, 10:27:19 PM
I don't mind Nordic models at all.

It would certainly be better than this but I am not convinced it is the best model.
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Iormlund on June 05, 2014, 01:29:47 PM
Quote from: crazy canuck on June 05, 2014, 10:57:03 AM
Quote from: Josephus on June 04, 2014, 10:27:19 PM
I don't mind Nordic models at all.

It would certainly be better than this but I am not convinced it is the best model.

I don't think you got his meaning.  ;)
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Malthus on June 05, 2014, 01:34:21 PM
Quote from: crazy canuck on June 05, 2014, 10:57:03 AM
Quote from: Josephus on June 04, 2014, 10:27:19 PM
I don't mind Nordic models at all.

It would certainly be better than this but I am not convinced it is the best model.

Woosh!

Nordic models: http://vikinginvest.org/viking-models/
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Jacob on June 05, 2014, 02:12:36 PM
So you think he meant this kind of thing:

(https://languish.org/forums/proxy.php?request=http%3A%2F%2Fimages.china.cn%2Fattachement%2Fjpg%2Fsite1007%2F20130310%2F00016c42b36b12a62ac70e.jpg&hash=cf985f450088a39e60e20409e7b7521b86b22e9e)

Rather than this:

(https://languish.org/forums/proxy.php?request=http%3A%2F%2F3.bp.blogspot.com%2F-ozm2-fSPEBI%2FTXJXijYg4QI%2FAAAAAAAAC08%2FYSyD1akZ61M%2Fs1600%2FDSCN0565.jpg&hash=dc729a64ffacc2d0af691218ca21c873723b184a)

... are you sure?
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: Malthus on June 05, 2014, 02:27:13 PM
Quote from: Jacob on June 05, 2014, 02:12:36 PM
So you think he meant this kind of thing:

(https://languish.org/forums/proxy.php?request=http%3A%2F%2Fimages.china.cn%2Fattachement%2Fjpg%2Fsite1007%2F20130310%2F00016c42b36b12a62ac70e.jpg&hash=cf985f450088a39e60e20409e7b7521b86b22e9e)

Rather than this:

(https://languish.org/forums/proxy.php?request=http%3A%2F%2F3.bp.blogspot.com%2F-ozm2-fSPEBI%2FTXJXijYg4QI%2FAAAAAAAAC08%2FYSyD1akZ61M%2Fs1600%2FDSCN0565.jpg&hash=dc729a64ffacc2d0af691218ca21c873723b184a)

... are you sure?

Given that it was Josephus and not the Brain ... yes.  ;)
Title: Re: Supreme Court strikes down Canada's prostitution laws
Post by: The Brain on June 06, 2014, 12:10:15 PM
Quote from: Jacob on June 05, 2014, 02:12:36 PM
So you think he meant this kind of thing:

(https://languish.org/forums/proxy.php?request=http%3A%2F%2Fimages.china.cn%2Fattachement%2Fjpg%2Fsite1007%2F20130310%2F00016c42b36b12a62ac70e.jpg&hash=cf985f450088a39e60e20409e7b7521b86b22e9e)

Rather than this:

(https://languish.org/forums/proxy.php?request=http%3A%2F%2F3.bp.blogspot.com%2F-ozm2-fSPEBI%2FTXJXijYg4QI%2FAAAAAAAAC08%2FYSyD1akZ61M%2Fs1600%2FDSCN0565.jpg&hash=dc729a64ffacc2d0af691218ca21c873723b184a)

... are you sure?

:mmm: