Court strikes down prostitutions laws

[Doggie]

I hope stands up on appeal.

Very unlikely. But lets keep the hope alive.

 

[Kingfisher]

Very unlikely. But lets keep the hope alive.

Actually I think it will make it through the appeal process, just won't make it through the political process. We will know soon enough.

kf1

 

[Esco!]

https://www.youtube.com/watch?v=XIX0ZDqDljA

 

[Bear669]

Wow!

Wow!


Not scientific but >2,000 votes cast, >80% support da judge!:great:

 

[Esco!]

There is a theoretical option that the parliament of Canada could change the laws rendering any appeals moot, but given the Conservative government that would be extremely unlikely

How do you figure that?? If anything the conservatives would be the first to oppose any legalization of prostitution laws

 

[lagavulin]

Because it is a Conservative minority government not a majority.

They cannot pass tougher laws at this time without the support of the Liberals and the NDP and that is not going to happen.

They would be foolish to attempt to pass a softened law at this time since it takes away support from their party base.

They can leave the issue to drift in the appeals courts until the next election in 12 to 24 months and then make it part of their election platform. That is the most likely scenario.

But all of this is complete speculation on my part.

 

[lagavulin]

I was going to quietly fade away from the board but I am reading a lot posts on various boards and in news articles that are not completely accurate.

1] At this moment there is NO change in the law at all. The decision of Madam Justice Himel is on hold for a minimum of 30 days. (interesting that coincides with the HUBGFE party) for reference see paragraph 539 of the decision.

2] Not all prostitution laws have been struck down. All laws pertaining to child prostitution and human trafficking were not even the subject of this court case. for reference see paragraph 6 of the decision.

3] Laws pertaining to procuring (think of the stereo-typical pimp influencing a girl at the bus station to become a prostitute) were not part of this court case, that remains illegal. The sole subject dealing with living off the avails was part of the case and might be struck in 30 days. for reference see paragraph 6 and following of the decision read on concert with section 212 of the Criminal Code in its entirety.

In other words,
if two ladies decide to share an apartment and watch each others back, that may become legal in 30 days (or more depending on the process);

if an in-call agency owner meets a lady for lunch and offers her a job it will be in a slightly gray area of the law, but realistically that has never been the basis of charge the could succeed;

if there is ever force, coercion, or threats then it remains completely illegal.

4] There are still provisions around street-walking so that if it becomes excessive and impedes traffic a charge can be laid. These portions of section 213 of the criminal code were not part of the court case, only the part about communicating in public was in the decision.


EDIT: sex in a strip club will still be off limits as an indecent act per section 173 - I mean FS not a lap dance.

 

[Esco!]

Yup, that is correct. But after the 30 days are up the new law is likely to hold up

 

[lagavulin]

Yup, that is correct. But after the 30 days are up the new law is likely to hold up

There is no new law, it is that the old laws are struck down.

Since there is no longer a law against an activity then consenting adults can do as they please.

Will there be a new law at some future time? Well that is anyone's pure guess and will depend a great deal on the outcome of the next federal election.

 

[Darren]

Free pooning for everyone! Great news :great:

 

[Esco!]

There is no new law, it is that the old laws are struck down.

Since there is no longer a law against an activity then consenting adults can do as they please.

Will there be a new law at some future time? Well that is anyone's pure guess and will depend a great deal on the outcome of the next federal election.

Not to mention drafting a new law will take a few years before it finally passes through all legislative channels.
In the meantime its pooning time!! (assuming the feds give up fighting this ruling 30 days from now).

Funny Sun article:

 

[lagavulin]

In the meantime its pooning time!! (assuming the feds give up fighting this ruling 30 days from now).

They won't and that will be the next battle.

 

[Esco!]

They won't and that will be the next battle.

What in your opinion are the chances the govt will win on appeal?? 50/50??

 

[EscortFLIX]

Great Decision

Great Decision

Although the decision has been stayed, this ruling and the current laws regarding this subject are far far ahead of any LAWS we currently have in America. It will be great if the decision stands. Congratulations on getting this far. I hope it goes all the way!

 

[tristansangels]

Hope it stands

Hope it stands

Here is to hoping this change stands but I am sure they will appeal. At least this is a step in the right direction for all of us!! MANY hugs, Tristan

 

[RAWD]

According to Nikki, they are appealing.

I suspect the stay has more to do with coordinating political agendas than with assembling the legal arguments for the appeal. Perhaps they will only appeal elements of the decision, and leave others to legislation.

 

[Nikki@SPOC]

Yes, they are appealing, but another concern has come about - the possibility of a private member's bill bringing in the "Swedish Model" which would criminalize the purchase of sexual services, instead of the sale of said services.

This is a major concern for all of us, but hopefully it won't gain any traction for quite a while (private member's bills rarely succeed, and usually take about 18 months until they reach a vote). If anything happens on this issue, SPOC will be sure to participate in the public discussion - let's just hope people are willing to listen.

Please check the spoc.ca website for updates, we'll be issuing a public response if/when it becomes necessary to do so.