Prostitution laws struck down - Congrats to all Prostitutes of Ontario

[Fudgepacker]

Prostitution laws struck down
By MICHELE MANDEL, TORONTO SUN
Last Updated: September 28, 2010 2:14pm


An Ontario Superior Court judge has struck down Canada's prostitution laws.


In a landmark ruling, an Ontario court has struck down prostitution laws as unconstitutional.

While it legally means the law can no longer be enforced in Ontario, a provincial Crown attorney is expected to ask for business as usual until the decision by the Ontario Superior Court can be appealed.

In her 131-page ruling, Justice Susan Himel said the current offences under the criminal code endanger sex workers.

"By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance," Himel wrote.

Prostitution has always been technically legal, while virtually every activity associated with it was not.

The challenge launched last fall by three sex trade workers strikes down three prostitution-related offences: communicating for the purpose of prostitution, keeping a bawdy house for the purposes of prostitution, and living on the avails of prostitution.

[Fudgepacker]

Emancipation day' for sex-trade workers

2 hours, 41 minutes ago
By Allison Jones, The Canadian Press

TORONTO - Ottawa is "strongly considering" appealing a court decision that strikes down key provisions of Canada's prostitution law.

Rona Ambrose, minister for the status of women, signalled the federal government's intentions today.

The Ontario Superior Court ruled the laws are unconstitutional because they're contributing to the danger faced by sex-trade workers.

The decision is being hailed as an emancipation for sex-trade workers.

The judge found that laws against keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade "are not in accord with the principles of fundamental justice."

The lawyer for the sex-trade workers says the judgment, however, is subject to a 30-day stay during which the law remains in place, adding the federal government can seek an extension of that stay period.

Dominatrix Terri-Jean Bedford says it's like emancipation day for sex-trade workers.

Bedford, one of the women behind the challenge, says the ball is now in Prime Minister Stephen Harper's court.

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."

While the ruling strikes down those key Criminal Code offences — which deal with adult prostitution — it does not affect provisions dealing with people under 18.

Prostitution was not illegal in Canada, but the Ontario Superior Court struck down three provisions that criminalized most aspects of prostitution.

"These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms," Himel wrote her in decision.

The challenge was brought Bedford and two other sex-trade workers who said the provisions forced them from the safety of their homes to face violence on the streets.

The federal government had argued that prostitution is inherently dangerous, no matter where it is practised.

The government also warned that Canada could become a sex tourism destination if prostitution-related activities are decriminalized.

The Christian Legal Fellowship, which was granted intervenor status, argued the provisions reflect society's views that prostitution "offends the conscience of ordinary Canadians."

Bedford's "Bondage Bungalow" north of Toronto was raided by police in 1994 and she was convicted of keeping a common bawdy house in 1998.

Copyright ? 2010 Canadian Press

[toban]

Thankfully someone learned has finally acknowleged the fallacy of the law!

I hope sincerely that this judgement is allowed to stand and this long perpetuated wrong will be righted.

This judgement has been so long coming and it is hard to believe that finally a learned judge has seen fit to take this long overdue position. The laws, as they currently stand, are completely without merit. As one who was once caught up in the tentacles of the current law, I know how foolish the law was but my bacon was saved by an understanding police officer, and my case was stayed.

Under the current law what is deemed to be a legal enterprise, ie prostitution, is actually illegal as it is commonly practised. This is ludicrous in the extreme!

Now hopefully, as the inevitable appeals are heard, the upper courts will agree with this judgement and allow it to stand and hopefully become a standard for other jurisdictions in Canada to accept and follow.

[emeldahay]

I was around maitland just 20 minutes ago to drop a friend off - the amount of cops in the area and surrounding area is crazy - i wonder if they have been asked to show presence due to this law today. Its not a normal amount of cops.

[Einstein]

I was around maitland just 20 minutes ago to drop a friend off - the amount of cops in the area and surrounding area is crazy - i wonder if they have been asked to show presence due to this law today. Its not a normal amount of cops.

Do you all have ereas that cops won't go in canada?
there was an APT complex in my old city called Apache
and cops wouldn't go in there without being at least 6
deep.

[chantel]

I was around maitland just 20 minutes ago to drop a friend off - the amount of cops in the area and surrounding area is crazy - i wonder if they have been asked to show presence due to this law today. Its not a normal amount of cops.

Possibly they were trying to nab people that thought the law was in effect.

[Raging Bob]

Do you all have ereas that cops won't go in canada?
there was an APT complex in my old city called Apache
and cops wouldn't go in there without being at least 6
deep.

That wasn't the Bronx was it?

[tommygun]

I was around maitland just 20 minutes ago to drop a friend off - the amount of cops in the area and surrounding area is crazy - i wonder if they have been asked to show presence due to this law today. Its not a normal amount of cops.

No, that has nothing to do with it. They are all in that area because of the fire on Wellesley that happened Friday. Maitland is just around the corner. They've pulled coppers from divisions to get them down there. Keeping order at the community centre, going into the building for medications, pets, etc. It's got nothing to do with prostitution.

[Locomotion]

Well I wouldn't celebrate too soon, the government said they're gonna appeal the decision a.s.a.p.

[can_tran_fan]

Do you all have ereas that cops won't go in canada? there was an APT complex in my old city called Apache and cops wouldn't go in there without being at least 6 deep.

I know Fire and Ambulance didn't go into Jane & Finch unless they had a cop escort to look after the vehicles while they were doing their thing.

Hey T.O.! Is that still the case?

[tommygun]

I know Fire and Ambulance didn't go into Jane & Finch unless they had a cop escort to look after the vehicles while they were doing their thing.

Hey T.O.! Is that still the case?

No, that has never been the case. Calls to the Jane & Finch/ Jane & sheppard/ Jane & Wilson / Jane & Lawrence corridor is of the highest volume in the fire and ems services. Most of the calls they do are done without police. Police attend when it is actually a police call.

[fifthace]

There were 5 guys charged today in brantford.