Ontario Court of Appeal strikes down two-thirds of Canada’s sex trade laws - Macleans.ca

Ontario Court of Appeal strikes down two-thirds of Canada’s sex trade laws


Update: The Ontario Court of Appeal has agreed to strike down two of the three laws pertaining to the sex trade that were declared unconstitutional by an Ontario Superior Court of Justice in 2010. The Court of Appeal found that the bans on bawdy houses and living off the avails of prostitution are unconstitutional, but agreed with the Crown that the open solicitation of prostitution should be illegal. The Criminal Code provisions that were judged unconstitutional will not be declared invalid for another 12 months, the Court ruled. That will give the Harper Conservatives time to draft new sex trade legislation.

A widely anticipated ruling is expected today from Ontario’s top court on whether Canada’s prostitution laws are constitutional. The case was brought to Ontario’s Appeal Court after a September 2010 ruling by Ontario Superior Court Justice Susan Himel, who said that Canada’s prostitution laws were fundamentally unjust because they force sex trade workers into dangerous situations.

Today’s expected ruling pertains to three laws with which Himel took issue: the banning of brothels, open solicitation and living off the avails of prostitution. In Canada, the act of prostitution itself is not illegal.

Critics say these laws make prostitution more dangerous by forcing sex trade workers to find customers in the street, rather than working indoors, and by making it illegal for them to hire bodyguards. “It’s a matter of life and death,” Valerie Scott, one of three women involved in the case, told the Canadian Press. “In what other legal occupation is a worker not permitted by law to take any security measures?”

If Ontario’s Appeal Court upholds Himel’s ruling, the laws will be struck down in the province. But, as CTV.ca reports, it would effectively end all prostitution-related prosecutions in Canada.

The ruling is expected around 11 a.m. EST.

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Ontario Court of Appeal strikes down two-thirds of Canada’s sex trade laws

  1. There’s no earthly reason to tolerate prostitution in a sex-crazed, virtually titilated, and legally emancipated society, where women are the richer sex; are all employed; and where getting your rocks off is as easy as  buying a sex toy.
    Get to work, Mr Harper. Drive this filth into total illegality. 

    • Careful.. some goats might cross your bridge while you’re away.

  2. This comment was deleted.

    • I thought you were against welfare?

  3. Rick doesn’t want it illegal but claims to have his own way to get rid of it. Good luck with that! Prostitution is the oldest profession and its not going away. No matter how much money you blow on social programs the string of ladies going into prostitution will remain unchanced. The only difference is that prostitution will be a little more visible. However, does it really matter? Canada is already a pretty sexualized society. Words like chastity and virginity have long been outdated. Children out of wedlock has become commonplace despite our high abortion rate.  How many of our children leave high school with their purity intact? What could we possibly do to be a more sexualized society short of showing R rated movies in elementary schools? Its not like parents are putting any restrictions on their kids. Instead, it seems like parents are more into being their kids friends then setting a positive example. Economically, Canada moves ahead but socially we continue down the sewer of anything goes values.

    •  Unlike say…..the Victorian age when 4 year old boys were shoved up chimneys to clean them,and little girls were used as a cure for VD?

      Or maybe like the Middle Ages when the entire family slept in one bed, and biological explanations were unnecessary?

      ‘Purity’ and sex have no connection….aren’t even in the same ballpark.

      Life is much better now than it ever has been in all of history….in spite of our religious phobias about sex.

    • Better. Still might want to keep an eye out for those goats though.   Seriously, you guys tend to tip your hands when you make those silly bait-lines like “are all employed” and “high abortion rate”

      Stick to unverifiable, subjective claims and people will have a harder time spotting that you’re away from your bridge.

  4. the Thwimm rant seems most instructive here, NOT. What do these references to ‘goats’ mean, there fella-gal? Why don’t you just come (right) out and ejaculate your passions.
    Prosties are not in any sort of trade or profession. They are unemployable bums, mostly of the famale kind, often drug-crazed, bred by prostitute-mothers, many abused by adults, too lazy to work and too similar to the stuff called garbage to cry over.
    But they will steal your money; seduce your sons; spread disease; destroy a neighborhood; pollute an apartment building; and do other wonderful things for public hygiene.

    • Look on the bright side: YOU’LL still go to heaven.