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Get your freak on in Ontario - Legally
OTTAWA, ON -- CTV.ca News Staff
An Ontario court has struck down several key provisions in Canada's anti-prostitution laws, saying they are dangerous to sex-trade workers.
A ruling by the Ontario's Superior Court of Justice said the 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."
"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," Justice Susan Himel wrote her in 131-page decision which struck down those provisions. "I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."
Dominatrix Terri-Jean Bedford and two other sex-trade workers went to Ontario's Superior Court of Justice to ask the court to rule on the Criminal Code laws relating to prostitution.
In an afternoon press conference Bedford said Tuesday was like emancipation day for sex-trade workers. "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." The government argued removing the prohibitions without replacing them with new laws would "pose a danger to the public." The decision is subjected to a 30-day stay and the federal government can seek an extension of that period.
The struck-down provisions deal with adult prostitution. Prostitution laws dealing with those under the age of 18 remain unaffected. Prostitution is not illegal in Canada, but nearly everything related to it is. The federal government has argued that prostitution is inherently dangerous, no matter where it is carried out. It also argued that striking down the laws would make Canada a sex tourism destination.
The Christian Legal Fellowship, which was granted intervenor status, argued that prostitution "offends the conscience of ordinary Canadians."
An Ontario court has struck down several key provisions in Canada's anti-prostitution laws, saying they are dangerous to sex-trade workers.
A ruling by the Ontario's Superior Court of Justice said the 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."
"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," Justice Susan Himel wrote her in 131-page decision which struck down those provisions. "I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."
Dominatrix Terri-Jean Bedford and two other sex-trade workers went to Ontario's Superior Court of Justice to ask the court to rule on the Criminal Code laws relating to prostitution.
In an afternoon press conference Bedford said Tuesday was like emancipation day for sex-trade workers. "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." The government argued removing the prohibitions without replacing them with new laws would "pose a danger to the public." The decision is subjected to a 30-day stay and the federal government can seek an extension of that period.
The struck-down provisions deal with adult prostitution. Prostitution laws dealing with those under the age of 18 remain unaffected. Prostitution is not illegal in Canada, but nearly everything related to it is. The federal government has argued that prostitution is inherently dangerous, no matter where it is carried out. It also argued that striking down the laws would make Canada a sex tourism destination.
The Christian Legal Fellowship, which was granted intervenor status, argued that prostitution "offends the conscience of ordinary Canadians."
there are some who call me... tim?
Comments
the way i see it, there are always gonna be hookers. its the oldest institution, its nice to see that instead of pretty much denying their humanity, that we are taking some steps towards protecting them. i understand that some people may find prostitution horrid and appalling but it provides a great way for single mothers to make money. it sucks that they have to sell their bodies but it sucks even more that wouldnt have ANY income or ways to support their children without it.