Prostitution laws off the books in Canada

[Pixilated]

Canada's Supreme Court strike down the country's prostitution laws as unconstitutional.

"In a unanimous decision, the high court ruled that all three prostitution-related prohibitions — against keeping a brothel, living on the avails of prostitution and street soliciting — are violations of the constitutional guarantee to life, liberty and security of the person."

Parliament has been given a year to produce new legislation, so the offenses will remain in the Criminal Code for one more year.

(Okay, technically my subject line is incorrect; the laws are not "off the books" just yet. But they will be.)


Thoughts?

[HYHYBT]

Good for Canada!

[ExRetailDrone]

Awesome! Kudos to Canada's Supreme Court!

Ever since I understood what prostitution was, I thought it should be legal. It's not like having it illegal stops it or slows it down, it just makes it more dangerous for the prostitutes because they feel like they have nowhere to turn when they are abused, assaulted, or raped.

[Andara Bledin]

I do hope they don't just write new laws banning it all again with new words to skirt their constitution.

[Stitchwitch]

I always felt that it should be 1) legalized, 2) regulated, and 3) taxed.

[MadMike]

In the words of the late great George Carlin, why should it be illegal to sell something that's perfectly legal to give away?

[s_stabeler]

I personally think that prostitution needs only a couple of laws:
1) require a license- the sole requirement for a license being that they pass regular STD checks ( possibly drug tests too)
2) make it illegal to force someone to work as a prostitute- frnaky, anybody who forces someone to work as a prostitute should be guilty of rape, IMO.

[Andara Bledin]

2) make it illegal to force someone to work as a prostitute- frnaky, anybody who forces someone to work as a prostitute should be guilty of rape, IMO.

Pretty sure that falls under trafficking already.

[HYHYBT]

Full exemption from anti-discrimination laws.

[gremcint]

and no matter what they paid the customer is only ever entitled to a refund.

[Anthony K. S.]

Full exemption from anti-discrimination laws.

Under the circumstances, agreed.

A person should have an absolute right to refuse to have sex with anybody, for any reason at all.

In fact, the person shouldn't even have to specify a reason. "I don't want to" should be all they need to say, full stop.

Give the customer back their money, and go on from there.

[Pixilated]

I do hope they don't just write new laws banning it all again with new words to skirt their constitution.

Not if they value their heads ... Seriously, if I understand my own country's legal and political system correctly, the Supreme Court is THE top authority in the land. They have quashed these laws; thus lawmakers literally cannot just bring back the same old laws under different wording.

I'd add one more law to the new set: an age limit to allow the law to go after anybody who has underage kids, of whatever gender, in their employ. Because you can be pretty sure, I think, that those kids are not in the same situation as an adult who decides to go into the business.

The Elizabeth Fry Society, I believe, has said this is a step backwards, but I think they are reacting more out of reflex than thought. They assume no woman anywhere ever wants to be a prostitute, but I think the legal brothels in Nevada kinda put the kibosh on that argument. They are also focused solely on the "sale and exploitation" of women, but of course there are male prostitutes as well.

I'd also like to think the new laws will give some power to women who DO want to get out of the business but who are being held back by their pimps.

Generally I just think it's a dose of reality. Prostitution is not, ever, going to go away, so, as somebody else here has said, regulate it and tax it.

[s_stabeler]

Pretty sure that falls under trafficking already.

not quite- trafficking involves smuggling the woman somewhere else. this would cover, for example, women who are forced by someone to be a prostitute, but aren't forced to move.

as for underage prostitutes- that is covered under age of consent laws already. Since someone underage can't agree to have sex, then an underage prostitute is inherently forced to be a prostitute, therefore their pimp is guilty of an offense.

as for anti-discrimination laws, I'd make it simpler- the prostitute always has the right to end the "transaction", provided the client is refunded for any acts not performed. No reason need be given.

[crashhelmet]

I always felt that it should be 1) legalized, 2) regulated, and 3) taxed.

That's how it works in Nevada. Well, where it's legal in Nevada anyway

Legal: It's only legal in counties with a population smaller than 700,000 people, unless the County decides to ban them. (It used to be 250,000). The population of the Las Vegas Metro area alone kills it for Clark County, but Nye County is small enough and close enough (45 minutes away) to cater to the "needs" of Vegas and its tourists. However, Washoe, Douglass, and Lincoln counties have all elected to ban them.

The town of Pahrump, in Nye County, banned brothels and were forced to redraw their town lines to put the existing 2 brothels on county land rather than grandfather them in.

Regulation: It has to be in a brothel, no street or casino "walking" allowed.
The girls, and guys in some cases, have to be tested for STDs weekly.
While working at the Brothel, they cannot go into town for any reason at all other than to visit the doctor or cash their paycheck (Typically done on the same day, in the same trip).
Brothels cannot be within 300 yards of a main road or highway

Taxation: Brothels are not subject to any State taxes at all and there is no State income tax for the workers. Most counties tax the brothels and the conglomerate of brothel owners have even agreed to pay state taxes to make it legal in more places, like Downtown Las Vegas, but the State declined their offer.

[s_stabeler]

I'm not fond of the restrictions, to be honest. Particularly the one where they aren't allowed into town. That effectively imprisons them in the brothel. How I'd do it is have them allowed more or less anywhere (so no 700,000 person limit) but the brothels are subject to normal taxes, same for the prostitutes.

it's fair enough to ban prostitutes working on the streets, though. In a casino,it depends. ( if they are employed by the casino, fine, if they are independent of the casino, then no. Any casino employing prostitutes must gain the same permissions required for a brothel, and follow the same rules)