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Are_grits_groceries

(17,111 posts)
Fri Dec 20, 2013, 11:35 AM Dec 2013

Canada's highest court strikes down all current restrictions on prostitution

@BBCBreaking:
Canada's highest court strikes down all current restrictions on prostitution, including ban on brothels and street soliciting
http://bbc.in/1gKCP70

Heads blowed up north of the border.

12 replies = new reply since forum marked as read
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stevenleser

(32,886 posts)
2. Oh boy. Here we go.
Fri Dec 20, 2013, 12:08 PM
Dec 2013

It would be nice if there could be a reasonable discussion on this. I doubt that is possible, so...

 

Baclava

(12,047 posts)
3. I'm having visions of girls in moosehide mukluks in Saskatoon, Saskatchewan
Fri Dec 20, 2013, 12:12 PM
Dec 2013

Sex tourism on snow machine tours in the Yukon?

SidDithers

(44,228 posts)
5. The court granted a one-year grace period for Parliament to redraw legislation...
Fri Dec 20, 2013, 12:14 PM
Dec 2013

during that year, all current laws remain in full effect.

Toronto Star article here:
http://www.thestar.com/news/canada/2013/12/20/supreme_court_of_canada_strikes_down_federal_criminal_prostitution_laws.html

OTTAWA—In a landmark judgment, the Supreme Court of Canada has unanimously struck down as unconstitutional the entire scheme of criminal laws against the buying and selling of sex by prostitutes, saying it endangers the lives and security of vulnerable sex workers.

However, the country’s top court has given Parliament a one-year grace period to redraft a legislative scheme that could pass constitutional muster.

That means if, 12 months from today, the federal government has not redrawn the laws to address the court’s concern that they are too arbitrary, overbroad and “grossly disproportionate,” then prostitutes will be allowed to legally practice their trade, hire drivers, bodyguards, accountants and screen their clients freely.

In the meantime, the Criminal Code ban on brothels, living on the avails of prostitution and communicating for the purposes of prostitution remain in full effect.

Police may continue to lay charges and courts may prosecute.


Sid
 

stevenleser

(32,886 posts)
6. Right, but those laws do not criminalize prostitution, only certain things like brothels
Fri Dec 20, 2013, 12:22 PM
Dec 2013

and public advertising are illegal.

SidDithers

(44,228 posts)
10. Yup...
Fri Dec 20, 2013, 12:28 PM
Dec 2013

Prostitution is legal in Canada. The issue brought by the plaintiffs was that the laws that are tangential to prostitution in Canada were creating an unsafe environment for sex workers engaging in a legal activity. The "living off the avails of prostitution" law meant that sex workers couldn't legally hire security, client screeners or drivers. The "bawdy house" law meant that sex workers couldn't legally set up an indoor fixed location, which forced many onto the streets, a much more dangerous way to conduct their business.

It's going to be interesting to see what Parliament comes up with over the course of the next year.

Sid

 

geek tragedy

(68,868 posts)
8. How likely is that they actually enforce the laws now that they've been
Fri Dec 20, 2013, 12:26 PM
Dec 2013

deemed hostile to human freedom, etc?

Big winner in this is those who make money off of prostituted women.


SidDithers

(44,228 posts)
11. The plaintiffs believe that this is a good ruling for sex workers...
Fri Dec 20, 2013, 12:36 PM
Dec 2013

because they'll be able to hire employees to make their transactions safer.

I would suspect that existing laws about coercion and procuring will still be enforced, and will make up a big part of whatever Parliament comes up with in a year.

Sid

 

geek tragedy

(68,868 posts)
12. We'll see. People with money stand to lose money if the law gets changed now.
Fri Dec 20, 2013, 12:40 PM
Dec 2013

That's usually the best recipe for gridlock.

 

geek tragedy

(68,868 posts)
7. Will Canada bring back its sex trafficking visa that was used to legally import
Fri Dec 20, 2013, 12:24 PM
Dec 2013

sex slaves for years?

Good time to be a 1%er in the sex industry there.

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