Made with Love

Tories prepare to fast-track prostitution bill through Parliament

Madman

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https://www.theglobeandmail.com/new...gh-profile-prostitution-bill/article20716890/

One of Parliament’s most high-profile bills appears set to become law without major changes – as one senator says the committee considering Bill C-36, aimed at reining in the sex trade, is “highly unlikely” to call for changes.

The approval of the bill by the Conservative-dominated Senate committee would be a strong signal it will ultimately become law in its current form, despite being broadly criticized, in particular for provisions that could lead a sex worker to be criminally charged. Many lawyers have also warned the bill is likely unconstitutional and could end up being struck down.

The Senate Legal and Constitutional Affairs Committee was urged to make certain changes as even supporters of the bill said it should not criminalize sex workers. However, the Conservative government has argued that the bill needs to be passed quickly and that it balances protecting sex workers with discouraging their trade. Asked last week whether the committee would call for any changes to the bill, Conservative Senator and committee member Linda Frum replied simply: “It’s highly unlikely.”

The committee has been conducting a “pre-study” of Bill C-36 this month, part of a bid to ensure it moves quickly through the Senate once formally passed by the House of Commons. The bill was tabled after the Supreme Court, in its Bedford decision, struck down existing prostitution laws, in part because they were found to violate the Charter rights of sex workers.


During her own appearance before the Senate committee earlier this month, Terri-Jean Bedford threatened senators that she would disclose a list of politicians who buy sex if the bill is passed in its current form. She later ran afoul of committee rules by speaking out of turn, was escorted out of the Senate meeting and ultimately apologized.


The new law largely criminalizes the buyers of sex – rather than the sellers – but will nonetheless have an impact on sex workers. It includes broad restrictions on advertising – sex workers are allowed to place ads but it will be illegal for companies to knowingly run them – a change expected to put a chill on both newspapers and websites.


The law also includes a provision making it illegal to discuss a transaction near a school, playground or daycare – a law that would apply to sex workers and clients alike. That was the provision most frequently criticized by witnesses during committee hearings. The government has already softened this provision through an amendment made by a House of Commons committee.


Justice Minister Peter MacKay, who is spearheading the bill for the Conservative government, told The Globe and Mail last week that he had not heard from the Senate about any changes. “I have not heard any indication of forthcoming amendments. I have been following it, and following the proceedings. Of course, they’re still sitting, they still have opportunities to examine the bill. We’ll await that decision,” he said.


Government House Leader Peter Van Loan has pledged to pass Bill C-36 by December, to meet the court’s deadline and ensure Canada doesn’t go without laws on prostitution. The government has repeatedly insisted the law is constitutional, but also said it is designed to limit and rein in the sex trade as much as possible.


HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,HARPER'S GOT TO GO, HARPER'S GOT TO GO,
 
In short form.

Canada’s Justice Minister, Peter MacKay, says the government did not seek any outside advice on whether its new prostitution law would pass a constitutional challenge – and it shows. On the most basic level, the bill does not solve the very problem it was supposed to.

The Supreme Court had struck down the old prostitution laws because it found they violated the constitutional rights of prostitutes to “security of the person.” Instead of proposing a new, safe, sensible framework under which sex can be bought and sold,

Bill C-36 amplifies what made the old rules dangerous. It criminalizes the buyers of sex and places the seller in jeopardy by forcing the entire transaction underground. That is why it is unlikely the bill would survive a constitutional challenge – a prospect so likely that even Mr. MacKay called it “as sure as night follows day.”


However, prostitutes and pimps aren’t the only ones affected by the awkwardly named Protection of Communities and Exploited Persons Act. Publishers are as well. The law makes it illegal to advertise the offer of sexual services from another person – on pain of 18 months to five years in prison.


For newspapers, classified ads generate a significant chunk of advertising revenue – roughly 14 per cent in 2012, according to Newspapers Canada. For weekly papers, which tend to carry more explicit ads than their daily counterparts, that proportion is much higher. As the newspaper industry struggles to generate new revenues, for some, the evaporation of sex ads would be a serious blow.


The government says the goal of the ban is to prevent third parties, like pimps, from profiting from sex work. The law does not apply to prostitutes advertising sexual services on their own behalf, it says. But there is an inherent contradiction. Under the bill, a prostitute could legally advertise the offer of sexual services directly, but it prohibits him or her from doing so if the advertisement could be seen by anyone under the age of 18. In effect, that bans prostitutes from advertising their services pretty much anywhere – in print or online.


Sure, prostitutes can sell sex, but their clients cannot legally buy their services. Yes, prostitutes can advertise their services, but nowhere a legitimate buyer can easily look. Like the rest of Bill C-36, the section that bans sex ads is illogical. It would drive prostitution further underground and place sex workers in more dangerous circumstances than ever.
 
I wish the federal court had never struck down the old laws; for the most part everyone was happy back then
 
I wish the federal court had never struck down the old laws; for the most part everyone was happy back then


Yup, we had it very good. I hope Alan Young can pull a rabbit out of a hat because he sure pulled a turd out of this one so far.
 
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