Showing posts with label prostitution. Show all posts
Showing posts with label prostitution. Show all posts

Tuesday, November 23, 2010

"...A Place Where Both Prostitution and Polygamy are Legal"

Today's snark from Law.com: What Happens in Canada Stays in Canada:
If you are not into the whole "monogamy" thing, Canada may soon be the place for you. If two cases now going through the court system go the right way wrong way the same way, Canada may soon be a place where both prostitution and polygamy are legal.
The Ontario Court of Appeal will rule Saturday on whether to continue a stay of a September 28 Ontario Superior Court decision that struck down Canada's anti-prostitution laws.

And in British Columbia, Canadian Press reports that Supreme Court Justice Robert Bauman has denied an Application by CBC to televise hearings, commenced today, which are considering whether Canada's anti-polygamy laws should be upheld.
- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Sunday, October 03, 2010

Well Said (Whatever It Means)

George Jonas on the Ontario prostitution ruling:

Judge Himel has flushed down the toilet the “gotcha” charges with which the law surrounded the oldest profession. Will they clog the pipes? Will there be a mess in the bathroom? Will governments try to fish them out again?

The state’s legal plumbers are standing by. I’m optimistic. Once a judge speaks up for Charter-protected vices, a judge speaking up for Charter-protected virtues can’t be far behind.

- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Thursday, September 30, 2010

Bedford v. Canada - Ontario Prostitution Decision is Online

See the following link:
Bedford v. Canada (Attorney General) (Civil litigation, Criminal law; Ont. Superior Ct. of Justice; September 28, 2010) -- Criminal Code provisions that sought to address facets of prostitution actually endangered prostitutes by preventing them from engaging in actions to prevent violence and were not in accord with the principles of fundamental justice and were struck down.
- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

More Prostitution Punditry

The editorials continue to roll out:
Finally, for an excellent analysis of the ruling, its ramifications and approaches to moving forward, see Yosie Saint-Cyr's post at Slaw: Decriminalizing the Oldest Profession in the World.

- Garry J. Wise, Toronto
Update: October 1, 2010
More editorial musings:

- GJW

Visit our Toronto Law Firm website: www.wiselaw.net

Wednesday, September 29, 2010

Ontario Prostitution Decision to be Appealed

The federal government has confirmed it will appeal yesterday's Ontario Superior Court decision decision that found three Criminal Code provisions related to prositution contravene the Charter.


- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

The Prostitution Ruling

The pundits are beginning to weigh in, and National Post's Barbara Kay sure doesn't like yesterday's ruling:
The danger to prostitutes will continue, because the kind of men who frequent prostitutes and the kind of men who control them don't have a lot of respect for them on the whole. Nor should they. Being a prostitute is a shameful, indecent activity, and any sex worker who demands respect as a matter of course is fooling herself. She is not respectable. Politically correct people will say she is, but she isn't. The danger will continue, the pimps will still control the desperate girls and society as a whole will think less of itself. And all because nobody really takes a good look at the word "harm" and asks themselves what a healthy society looks like, and what kind of newly designated "normal" behaviours, stamped kosher by the courts, bring harm to that healthy body.
(If only conservative commentators could get this worked up when our courts and leaders turn a blind eye to deeper human indignities, like state-sanctioned torture...)

A Globe and Mail editorial rails against an "activist" judge:
An Ontario judge had no business striking down three major anti-prostitution laws in the Criminal Code on Tuesday. “There has been a long-standing debate in this country and elsewhere about the subject of prostitution,” writes Madam Justice Susan Himel of the Ontario Superior Court, but it is, apparently, over. Who is she to weigh all the potential harms at stake and decide matters, on either side? Who says she can do a better job than Parliament?
Additional conservative responses are summarized here.

At the other end of the spectrum, lawyer Pei-Shing B. Wang:
Likely the saga isn’t over yet. The federal government has vowed to appeal. Many legal practitioners believe that this challenge will eventually be decided by the Supreme Court.

...Professor Alan Young of Osgoode Hall Law School has been working on the project for years, dating back to when I was in his Criminal Procedure class.

I am proud to say that I am a student of Professor Young’s. A big round of applause to his fine work.

Jody Paterson of the Victoria and Vancouver Island Times-Colonist strikes a human chord:
The moment Ontario Superior Court Judge Susan Himel handed down her decision yesterday, sex workers finally became people. They became flesh-and-blood women and men, out there working for a living like the rest of us.

...People struggle with the idea that sex work could ever be part of their community. But the truth is that it already is.

Thank you, Judge Himel, for seeing the people in the shadows.

Clearly, with appeals likely, this debate will not be ending any time soon.

Also see our earlier post on the decision: Canada's Prostitution Laws Struck by Ontario Superior Court Ruling
- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

Tuesday, September 28, 2010

Canada's Prostitution Laws Struck by Ontario Superior Court Ruling

Madame Justice Susan Himel of the Ontario Superior Court today released her decision in the challenge to Canada's prostitution laws launched by sex trade worker Terri-Jean Bradford.
"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."
-- Madame Justice Susan Himel
  • keeping a common bawdy house (s.210(1));
  • communication for the purposes of prostitution (s.213(1)(c)), and
  • living on the avails of prostitution (s.212(1)(j)),
All provisions were struck on the basis that the laws unnecessarily endanger prostitutes working on the street.

The Crown is moving for a stay of the ruling, to allow the law to stand until Parliament can address the situation with amendments to the Code.

- Christopher Bird, Toronto

Update:

A PDF of the full, 140 page text of Madame Justice Himel's ruling in Bedford, Lebovitch and Scott v. Attorney General of Canada is here (h/t Simon Fodden at Slaw).

Update: September 30, 2010

The quicker-loading html version is now online here

- GJW
Visit our Toronto Law Firm website: www.wiselaw.net