09-30-2010, 02:34 PM | #1 (permalink) | |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Canadian court decriminalizes prostitution/brothels
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In a nutshell, an Ontario supreme court decision overturned a ban on soliciting sex and running brothels. This will force other provinces and jurisdictions to consider a legal precedent, and will put pressure on the federal government to acknowledge it nationally. I think this is a good decision on the basis of the safety of the sex trade workers with respect to dangerous situations of being forced into dark corners of society to do their thing. However, there needs to be an examination of how to deal with human trafficking. Now that things are more in the open, perhaps police and politicians should do more. What do you think?
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09-30-2010, 02:50 PM | #2 (permalink) |
comfortably numb...
Super Moderator
Location: upstate
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09-30-2010, 03:01 PM | #3 (permalink) |
... a sort of licensed troubleshooter.
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I'm proud of you guys. Laws against prostitution don't decrease the practice, they only make it incredibly dangerous for the workers. I fully expect this ruling will lead to lower rates of underage prostitution, less instances of physical abuse and assault, and likely less cases of STDs. Can you imagine a prostitute suing a John for lying about having an STD?
On to the questions... Is this more an issue of rights or public safety? It's both, but if I had to choose, I'd say the issue of workers' rights is the most important issue of this ruling. Prostitutes, even in the most 'civilized' countries, are often treated as lower than slaves. Some of them are beaten, they're controlled, they're kept in fear and ignorance, and they have no hope for a brighter future. Sure, there are the higher-class escorts that are able to dictate terms and who have better protection, but what about the young girls? This had gone on too long. Do you think this is a good decision? God yes. I won't ever need the services, but this is ultimately better for everyone. Do you think that police and politicians should now do more to regulate the sex trade? Yes. Prostitutes are people and deserve the same workers' rights and dignity as the rest of us. Will this be a boon to the sex trade or will it just make it less seedy? Both, hopefully. This is a legitimate way for people to make money and I hope that taking it out of the shadows will help to make it more respected and more safe. Will this increase tourism? I can think of about 20 guys in my high school graduating class that will likely be visiting Canada because of this. And that's just my high school. |
09-30-2010, 03:19 PM | #4 (permalink) |
Young Crumudgeon
Location: Canada
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Let's be perfectly clear about what we're looking at here. This is not the end of something, but rather the beginning.
The ruling was made by the Ontario Superior Court. It can and almost certainly will go to the Ontario Court of Appeals, and from there I would anticipate it'll go to the Supreme Court of Canada. And if the current rules get thrown out, the House will step in with some new ones. This is too big an issue for the government to just leave it hanging out there, especially when that government is Harper's Tories. I fully support this ruling, but the fight's just started. Let's not all start celebrating prematurely.
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I wake up in the morning more tired than before I slept I get through cryin' and I'm sadder than before I wept I get through thinkin' now, and the thoughts have left my head I get through speakin' and I can't remember, not a word that I said - Ben Harper, Show Me A Little Shame |
09-30-2010, 03:30 PM | #6 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Well, of course the feds are going to appeal. That much was expected. However, I'm not sure how far they'll get. I think the cat is out of the bag on an issue most people would rather just overlook. I think the worst damage they can do at this point is put limitations on it. I can't see them being able to put a cork on this and return to the way things were.
The issue is that the court has essentially unearthed a legal problem: current legislation needs to be changed because it's unjust to sex trade workers, an infringement on their rights and an impediment to their safety. Going back to the way things were would be to deny sex trade workers protection under the Charter of Rights and Freedoms, and that's the fundamental issue. Parliament will need to figure out how to manage the issue, as this ruling will spill over and throughout the country. The Crown has already thrown out one prostitution case based on the ruling, and it hasn't even taken effect yet.
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
09-30-2010, 03:46 PM | #7 (permalink) |
Young Crumudgeon
Location: Canada
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The immediate and confusing question is what's going to be done while all of this is happening. The justice who handed down this ruling recommended that the current laws be struck down immediately, and if one agrees with her ruling that they violate Charter rights it's pretty hard to argue (for our US friends, the Charter in this context is roughly equivalent to your Constitution). Conversely, all but the most libertarian of folks agree that the sex trade does require some form of regulation, so just striking down the current laws and not having anything to replace them, goes the argument, is not the best idea ever. I think that argument falls apart if one takes the view that the prior laws were actively harmful, and I also don't think that an unregulated sex trade would lead to the collapse of society that some would have you believe, but at the same time I do recognize a need for some sort of system.
Aside: It's confirmed, the feds are taking this to the court of appeals. They've been granted a thirty day stay on the ruling and will be looking to have that extended through the appeal process (which could potentially take years). Feds will appeal prostitution ruling Feds will appeal prostitution ruling click to show I'm anticipating that this is going to become a major point of political contention, but I'm not sure I trust my countrymen to be socially liberal enough to allow this to go the way I would like to see it go (tax and regulate). I wonder if this is going to serve to further erode Harper's power base, or to strengthen it. As far as damage done, would it be possible for the government to pass the law that never got passed, and simply ban prostitution outright? I don't know. This gets outside my depth. It's going to be worth watching, that much is certain.
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I wake up in the morning more tired than before I slept I get through cryin' and I'm sadder than before I wept I get through thinkin' now, and the thoughts have left my head I get through speakin' and I can't remember, not a word that I said - Ben Harper, Show Me A Little Shame |
09-30-2010, 03:54 PM | #8 (permalink) | |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Quote:
Unfortunately, I think the will of conservative voters to have this struck down is stronger than the opposition's voters' will to uphold it. This is going to be better than the long-gun registry in terms of shaking things up. With a potentially damaged NDP and an uncertain Liberal base, this could be another point of leverage for Harper's dream for a Tory majority. *shudder*
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
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09-30-2010, 04:06 PM | #9 (permalink) |
Getting it.
Super Moderator
Location: Lion City
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This is a step in the right direction. Prostitution was already legal. The laws enacted to curb it's spread, while good in spirit, were not so good for the women in the sex trade industry.
The no pimping law (living off the avails) is a good idea to keep sex workers from being exploited by pimps. The problem is, any independent sex worker could not hire a body guard, have a roommate, etc. as they would be living off the avails. The no communicating for the procurement of sex in public was meant to keep the practice off the streets but in practice meant that sex workers had to move into alleys and other out of the way places to communicate... putting them in danger from predators. The no brothel house rules was meant to protect neighbours from the industry but, again, what it resulted in was a lack of security and being forced to meet strangers in less than ideal situations. It turns out that there are already laws on the books that can deal with most of these issues that do not carry the stigma of the sex trade. As for the bawdy house issue, it is easily fixed by licensing these establishments and creating city zoning by-laws that allow them in certain areas and not others. There is already the precedent of licensing body rub establishments (i.e. rub and tugs). The appeals will go through the motions and, hopefully, we come out the other side with better laws.
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09-30-2010, 04:34 PM | #12 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Well put, Charlatan.
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Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
09-30-2010, 04:35 PM | #13 (permalink) |
Getting it.
Super Moderator
Location: Lion City
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I may move back to Canada and open a brothel. I sense a gold rush in the making.
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"My hands are on fire. Hands are on fire. Ain't got no more time for all you charlatans and liars." - Old Man Luedecke |
09-30-2010, 04:37 PM | #14 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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You're going to need a copywriter with a penchant for puns. I already have some good ideas for web banners, flyers, and coupons.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
09-30-2010, 07:20 PM | #15 (permalink) | |
bad craziness
Location: Guelph, Ontario
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In the end will out and out street-walking will likely be illegal. Regulations will be put in for how and where it will be legal (red light district/brothel licenses). Escorts wont have to pretend they are just there for "company". Workers working for licensed brothels will have the rights and protections that any worker has. And of course it will be taxed. The government loves those "sin" taxes (currently the ones they love to jack up for booze and smokes). As far as tourism, you think everyone who goes to Vegas goes there for the gambling (We've got that too)? Nah they go for the entertainment too
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"it never got weird enough for me." - Hunter S. Thompson |
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09-30-2010, 07:38 PM | #16 (permalink) |
Junkie
Location: Reichstag
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OH CANADA! I know where I am taking my next vacation...
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10-01-2010, 05:16 AM | #17 (permalink) |
Asshole
Administrator
Location: Chicago
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I guess I'm going to be the guy that thinks it's a bad idea. And that's not because I'm anti-sex trade - I'm not.
I've got no problem at all with independent prostitutes who do their thing on their own. I think it's a great idea - not a service I ever plan on using, but not one I want to shut down. Brothels, though, are much more exploitive. The opportunity for sexual slavery increases dramatically, especially as networks are built and the chances that the women will be used to make others rich increases dramatically. I see all sorts of potential for bad things to happen in brothels.
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo |
10-01-2010, 10:05 PM | #20 (permalink) | |
I Confess a Shiver
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... And I'm guessing you can't compare skanky American whores to classy Canadian whores. The Canadian ones probably tuck you in and do the dishes after their done slamming their ass down on you like an oil derrick. And they smell like maple syrup and free health care. Last edited by Plan9; 10-01-2010 at 10:08 PM.. |
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10-03-2010, 08:43 AM | #21 (permalink) | |
bad craziness
Location: Guelph, Ontario
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The one thing about brothels that would be much better is that it is a MUCH safer environment than going to a hotel or private residence.
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"it never got weird enough for me." - Hunter S. Thompson |
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10-03-2010, 09:25 AM | #22 (permalink) |
Upright
Location: Virginia in body, New York City in mind
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Here is the currency accepted there.
[IMG]Canadian Money 3.jpg[/IMG] ---------- Post added at 01:25 PM ---------- Previous post was at 01:10 PM ---------- Sorry about the no image. I'm a noob and have 4 more posts to go before I can post any. I will correct this post with the photo later.
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10-05-2010, 09:17 AM | #23 (permalink) | |
Junkie
Location: The Danforth
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Quote:
Canadian Money - J.J.'s Complete Guide to Canada
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You said you didn't give a fuck about hockey And I never saw someone say that before You held my hand and we walked home the long way You were loosening my grip on Bobby Orr http://dune.wikia.com/wiki/Leto_Atreides_I |
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10-05-2010, 09:27 AM | #24 (permalink) |
Young Crumudgeon
Location: Canada
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Bottom one's out of date. It doesn't have the new twenties, fifties or one hundreds. Here's a better one:
What does this have to do with prostitution again?
__________________
I wake up in the morning more tired than before I slept I get through cryin' and I'm sadder than before I wept I get through thinkin' now, and the thoughts have left my head I get through speakin' and I can't remember, not a word that I said - Ben Harper, Show Me A Little Shame |
10-05-2010, 09:38 AM | #25 (permalink) |
warrior bodhisattva
Super Moderator
Location: East-central Canada
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Maybe prostitutes don't take personal cheques, debit, or credit. Y'know, cash only, like so many Chinese restaurants around here.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing? —Bhikkhuni Pema Chödrön Humankind cannot bear very much reality. —From "Burnt Norton," Four Quartets (1936), T. S. Eliot |
10-05-2010, 10:00 AM | #26 (permalink) |
Devoted
Donor
Location: New England
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I presume that it was a humorous image somehow combining Canadian money and sex. However, a search for the name of the image only led me to some Usenet archive locations requiring paid accounts, so I don't know what it was.
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10-16-2010, 06:39 PM | #27 (permalink) |
Upright
Location: Calgary
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Hello I'm New
Canada is missing out on collecting allot of taxes. The CRA Criminal Investigation Unit has very few if any collections from independent sex workers. Sex worker probably don’t earn as much money as we see on TV and movies shows however they are earning income tax free in most cases. I think licences sex workers probably pay tax. My point all sex workers should be paying tax and all of the payroll taxes that make up benefits for all of us. CPP EI etc. I wish I could get away from the taxman. Dos the taxman ever investigates sex workers for tax evasion? I think not. Who would have enough evidence to report them ? How would they prove that there was money changing hands? Sex workers don’t have a recipe or invoice book.
I work two sometimes three jobs just to pay the bills. The extra taxes would help lower the tax rates help the legitimate economy and keep the money circulating like its suppose to. IMO PWL |
Tags |
canadian, court, decriminalizes, prostitution or brothels |
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