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Key Anti-Prostitution Laws Struck Down By Ontario Court


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Well then I'd suggest that instead of beefing up enforcement, which has been proven ineffective, the resources be used to tackle these kinds of social problems at the source - through proper education, health care, etc.

I agree that many women wouldn't sell their bodies if given other opportunities (ie. if their lives weren't so sh*tty), but you can't discount those who view it as their profession and legitimately enjoy their trade. It's not the government's job to legislate morality - and if they think it is, then they're doing a lousy job anyway.

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Well then I'd suggest that instead of beefing up enforcement, which has been proven ineffective, the resources be used to tackle these kinds of social problems at the source - through proper education, health care, etc.

I agree that many women wouldn't sell their bodies if given other opportunities (ie. if their lives weren't so sh*tty), but you can't discount those who view it as their profession and legitimately enjoy their trade. It's not the government's job to legislate morality - and if they think it is, then they're doing a lousy job anyway.

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I don't neceessarily think we need less enforcement, but the focus of enforcement, like with drugs, needs to change. Target the people who are profiting: pimps, human traffickers etc... While allowing the victims (the prostitutes) to seek counselling without fear of any kind of legal consequences.

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  • 1 year later...

The Ontario Superior Court decision by Judge Susan G. Himel that three provisions of the Criminal Code pertaining to prostitution should be struck down on the grounds that they are unconstitutional was partially upheld by the Ontario Court of Appeal in March of 2012. Here is the text of the Ontario Court of Appeal decision - Canada (Attorney General) v. Bedford, 2012 ONCA 186

http://www.ontarioco...012ONCA0186.htm

Here is a report of that Ontario Court of Appeal decision from March 2012:

The Ontario appeal court agreed with two-thirds of Himel's ruling, namely that the provisions prohibiting common bawdy-houses and living off the avails of prostitution, are both unconstitutional in their current form.

But the court disagreed that the communicating provision must be struck down, meaning that it "remains in full force" and the existing ban on soliciting will continue.

Both Justice Minister Rob Nicholson and Ontario Attorney General John Gerretsen indicated that their respective departments would review the decision before deciding how to proceed.

"As the Prime Minister has said, prostitution is bad for society and harmful to communities, women and vulnerable persons," Nicholson said in a statement released by his office.

"We are reviewing the decision and our legal options."

The Ontario court said it will strike the word “prostitution” from the definition of "common bawdy-house," as it applies to Section 210 of the Criminal Code, which otherwise prevents prostitutes from offering services out of fixed indoor locations such as brothels or their homes.

However, the court said the bawdy-house provisions would not be declared invalid for 12 months, so that Parliament can have a chance to draft Charter-compliant provisions to replace them, if it chooses to do so.

http://www.cbc.ca/ne...aws-monday.html

Now the Supreme Court of Canada will hear the government appeal form the Ontario Court of Appeal decision on the striking down of the ban on brothels but for the time being the law as written stands.

The Supreme Court of Canada is willing to take a look at the country's main laws controlling prostitution.

The top court said Thursday it will hear a government appeal of a ruling striking down the ban on brothels.

Ontario's top court had ruled the ban on bawdy houses increased the dangers prostitutes face because it forces them to work outside.

The Ontario court also upheld a ban on soliciting and reworded the law against living on the avails of prostitution.

The Supreme Court will also hear a cross-appeal by sex-trade workers on the soliciting ban.

The top court says a stay on legalizing brothels will remain in place until it decides the case.

http://www.cbc.ca/ne...ution-laws.html

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"Who the hell are you to tell me how to live?

You think I sell my body; I merely sell my time.

I ain't no Cinderella, I ain't waiting for no prince,

To save me in fact until just now I was doing just fine.

And on and on.."

"I know what degradation feels like

I felt it on the floor at the factory

Where I worked long before, I took control now I answer to me

The 50K I make this year will go anywhere I please

Where's the problem?"

Mike Burdett

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Well it seems to me that they either need to make it illegal (in which case one would think all the other prohibitions that pertain to an illegal industry would be constitutional) or make it legal and all the things that are currently illegal would be in the realm of local zoning laws and regulations much like any other service or business.

What else could they come back with that would keep it legal but somehow write in some new version of say the baudy house law that would someone not be unconstitutional?

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"Who the hell are you to tell me how to live?

You think I sell my body; I merely sell my time.

I ain't no Cinderella, I ain't waiting for no prince,

To save me in fact until just now I was doing just fine.

And on and on.."

"I know what degradation feels like

I felt it on the floor at the factory

Where I worked long before, I took control now I answer to me

The 50K I make this year will go anywhere I please

Where's the problem?"

Mike Burdett

Not everyone is dead inside. Many suffer immensely because of the sex trade.

Not everyone is there through choice. And some that choose regret it quickly but find themselves trapped.

And of course the ever present threats of addiction, violence, and disease.

Other than that no biggy!

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"Who the hell are you to tell me how to live?

You think I sell my body; I merely sell my time.

I ain't no Cinderella, I ain't waiting for no prince,

To save me in fact until just now I was doing just fine.

And on and on.."

"I know what degradation feels like

I felt it on the floor at the factory

Where I worked long before, I took control now I answer to me

The 50K I make this year will go anywhere I please

Where's the problem?"

Mike Burdett

Not everyone is dead inside. Many suffer immensely because of the sex trade.

Not everyone is there through choice. And some that choose regret it quickly but find themselves trapped.

And of course the ever present threats of addiction, violence, and disease.

Other than that no biggy!

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http://www.ottawacitizen.com/news/Brazilian+girl+sells+virginity+internet/7446413/story.html

Catarina Migliorini is about to be $780,000 richer.

No, she didn't win some reality TV show nor did she create the next-big tech app, the 20-year-old physical education student from Brazil recently auctioned off her virginity in an online sale that lasted weeks, eventually selling her virtue to the highest bidder, a Japanese man under the username Natsu.

Migliorini, who has reportedly claimed she will donate an undisclosed portion of her "earnings" to a charity in her home state of Santa Catarina, defended her decision to sell her virginity by saying, “If you only do it once in your life then you are not a prostitute, just like if you take one amazing photograph it does not automatically make you a photographer," the Daily Mail reported. "The auction is just business, I'm a romantic girl at heart and believe in love. But this will make a big difference to my area."

Migliorini and Natsu will reportedly undergo testing for sexually transmitted diseases before they couple. The pair will reportedly be interviewed before and after the event, but Natsu’s identity will remain a secret, according to the New York Daily News.

Alex Stepanov, a male virgin who was also selling himself on the same website, reportedly fetched $3,000 from a woman in Brazil going by the name Nene B.

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Yes.

I am not saying that I am favor of making it illegal. I am simply saying that there's a lot of down sides to it that seemed to be ignored by those favoring it being made legal.

Often the means to an end is due to addiction. Call me a raging lefty but perhaps it would be better to help cure the addiction than make selling ones body easier would be the better way to go.

Oh, and not all women exactly choose to begin selling themselves let alone have much choice with their lives or their body. There's a reason why there's "living off of the avails" laws and rest assured they get flouted.

The myth of the happy hooker is just that. If not now then eventually.

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That is something we share in common then .

All the prostitutes i have met chose to be one , no one forced them to engage in prostitution, some of them even enjoyed the work .

As i have said i do not think it is a good career choice , and i do not think all "hookers" are happy .

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