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Octavius Hite

Joined: 28 Jan 2004 Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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Posted: Thu Mar 22, 2007 6:36 am Post subject: Prostitutes launch constitutional challenge |
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Well, another fantastic legal move (and no I am not being sarcastic). Its time to legalize, regulate, tax, and protect these women. Hopefully this will be one more archaic law shot down.
http://www.theglobeandmail.com/servlet/story/LAC.20070322.PROSTITUTE22/TPStory/National
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A group of current and former prostitutes and an Osgoode Hall law professor joined forces yesterday to launch a constitutional challenge aimed at striking down three provisions of the Criminal Code dealing with the sex trade.
The challenge effectively amounts to a call for decriminalization.
"Some people may find this controversial," law professor Alan Young said at a news conference in Toronto yesterday, "I don't."
In the past, Prof. Young, well known in the Canadian legal community, has launched similar challenges to Canada's marijuana laws.
Although the challenge, filed on Tuesday with the Ontario Superior Court, is in the name of three current or former prostitutes, it is being fought by about half a dozen lawyers and some of Prof. Young's students, all of whom are working free.
"There's a vast amount of goodwill in this case that you don't see in other litigation," Prof. Young said, adding that in terms of legal issues, this is one of the simplest cases he's ever undertaken.
While the challenge was triggered by the continuing trial of B.C. farmer Robert Pickton, charged with 26 counts of first-degree murder in the deaths of prostitutes, Prof. Young said the issues of his challenge were around long before the Pickton case came to light.
Currently, prostitution is not illegal. However, communicating for the purposes of prostitution is against the law. That's one of the three sections being challenged by Prof. Young and his supporters, who say the law keeps women from ensuring their clients aren't likely to harm them.
The team is also challenging the provisions on "bawdy houses" and living off the avails of prostitution, saying the two laws force prostitutes onto the street and keep them from hiring security and support staff in the same way other businesses do.
Detective Sergeant Mike Hamel of Toronto police's sex-crimes unit said much of the enforcement of prostitution laws is done as undercover work. But police officers working the beat also maintain almost daily contact with the women on the street, Det. Sgt. Hamel added. "They check up on them," he said. "They know the girls are vulnerable to violence. That's no secret."
That violence is most often seen in "bad dates," when clients become aggressive and sometimes viciously assault the women they pick up. Sex Professionals of Canada, a support group, keeps an online list of such incidents -- documented cases range from men refusing to wear condoms to assault and rape.
"Some of these people who abuse prostitutes believe prostitutes will not tell the police," Det. Sgt. Hamel said. "They feel that gives them the right to be violent, which is absolutely not true."
The constitutional challenge was announced just a day before Toronto police unveil the results of a nine-month pilot program called Deter and Identify Sex Trade Consumers. DISC, a database of prostitutes, clients and others involved in the sex trade, was developed by members of the Vancouver Police Department in 1998, and later implemented by forces across North America.
The three applicants launching the challenge are Valerie Scott, a member of the Sex Professionals of Canada, Amy Lebovitch, who works in the sex trade from her home, and Terri Jean Bedford, a dominatrix whose S&M business, later dubbed the "Bondage Bungalow," was raided by police in the mid-1990s.
Ms. Lebovitch said she moved off the streets and began operating out of her home because she feared for her safety. However, she says her partner who lives with her also faces the threat of arrest because of the criminal provisions dealing with living off the avails of prostitution.
Ms. Scott said hundreds of women either have been killed or have gone missing since the communication provision was introduced in 1985. She added that the government should admit it has a "death penalty" against prostitutes, or change the law. Women who make a living off sex, she said, deserve to be treated as human beings and Canadians first.
"We don't come in on a shuttle from Mars every night and leave before sunrise," she said. |
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On the other hand
Joined: 19 Apr 2003 Location: I walk along the avenue
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Posted: Thu Mar 22, 2007 8:09 am Post subject: |
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Don't start planning your sex junket to Thunder Bay just yet. Canada really isn't that liberal, despite all the hoopla(remember how Chretien was gonna decriminalize weed? Even the courts wouldn't do that, and they don't have to face re-election.) Yeah yeah, gay marriage blah blah blah, but do a google on "Little Sisters Books" to find out just how tolerant the Canadian state is toward sexual preferences that stray too far from the norm(interesting that most of the books that got seized were coming in from the USA, supposedly the bastion of theocracy).
If this makes it to the Supreme Court, expect the government's lawyers to trot out pseudo-feminist rhetoric about how prostitution, legal or otherwise, by its very nature, entails the "objectification and exploitation of women". And the judges will eat it up like cold pizza from the fridge; Canadian establishment liberals love that sort of 1970s fists-in-the-air-at-the-Miss-Canada-pageant stuff, as exemplified by the Butler decision.
What you might see is the courts saying that women who sell sex shouldn't be arrested, because of course they're just victims of the patriarchy, but that the customers can be arrested, because they're the kingpins of the exploitation. More than likely, though, they will just leave the law on the books, unchanged. |
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gang ah jee

Joined: 14 Jan 2003 Location: city of paper
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Posted: Thu Mar 22, 2007 12:39 pm Post subject: |
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The sex industry has been legit in New Zealand for coming up on four years now. Like Canada, prostitution previously wasn't illegal, but advertising, living off the proceeds and running a brothel was.
http://en.wikipedia.org/wiki/Prostitution_in_New_Zealand
As far as I know, the biggest issues related to it since the law change have been some zoning disputes about brothels in residential areas, and the fact that legalised prostitution is an incredibly good money-laundering front for the drug trade and organised crime. Otherwise you wouldn't really notice any changes. Paid sex isn't really a popular recreational choice for most New Zealanders, so it's not something that gets a whole lot of thought. |
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crazy_arcade
Joined: 05 Nov 2006
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Posted: Thu Mar 22, 2007 2:02 pm Post subject: |
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It's not going away. Therefore, it needs to be made safe, all preventative measures against disease need to be taken, and the gangs/bikers/mafia need to be driven out.
If it's under the public's scrutiny then it's a lot harder for coercion and sexual slavery to occur. |
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freethought
Joined: 13 Mar 2005
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Posted: Thu Mar 22, 2007 4:27 pm Post subject: |
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when I was in bangkok recently I was sitting in a mcdonald's and there were many pretty women who were working there, and a few boys that would have been the fondest desire of people like our resident roads scholar Steve.
They were choosing to work there, making low wages, instead of walking across the street (literally) and finding a job as a sex worker in any one of the bars. I applaud these people for their choice, because it has a huge impact on their lives.
The same goes for sex workers. if you have to do it in dark allies, horrible, sleazy motels, and risk your life, than we need to take measures to make the 'oldest profession' safe. Not everyone can work at mcdonalds. If we can improve an industry in a way that will not only save lives, help prevent the spread of disease, lower violence and exploitation of women etc, while at the same time generating revenue that the government can use to further these same ends... then this isn't a matter of should we do it, it's a matter of why aren't we doing it already.
On the matter of the supreme court, 5 years ago there may have been a chance that this could have gone through, the make-up of the court now means it's highly unlikely. That said, I've spent a fair amount of time with the fine people of Osgood Hall and in the Law Library and if there's any group of people with the dedication, the intelligence, the resources and the drive to fight this and win, it's them. |
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Octavius Hite

Joined: 28 Jan 2004 Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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Posted: Thu Mar 22, 2007 4:36 pm Post subject: |
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On The Other Hand wrote:
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| Don't start planning your sex junket to Thunder Bay just yet. |
Funniest thing I have ever heard, or at least until the faculty of TooyA U starts up tonight. |
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jmbran11
Joined: 19 Jan 2006 Location: U.S.
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Posted: Thu Mar 22, 2007 10:28 pm Post subject: |
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| freethought wrote: |
| Not everyone can work at mcdonalds. |
Yes, but it still remains a dream for many of us. |
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EFLtrainer

Joined: 04 May 2005
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Posted: Thu Mar 22, 2007 10:36 pm Post subject: |
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| gang ah jee wrote: |
The sex industry has been legit in New Zealand for coming up on four years now. Like Canada, prostitution previously wasn't illegal, but advertising, living off the proceeds and running a brothel was.
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Just how does one work as a prostitute and not live off the proceeds? Invest them all and will them to someone when you die, so they can go to jail?
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thepeel
Joined: 08 Aug 2004
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Posted: Thu Mar 22, 2007 10:39 pm Post subject: |
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| Living off the proceeds is a way to criminalize pimps, efl. As in, they take from the hookers for 'protection'. |
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Manner of Speaking

Joined: 09 Jan 2003
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Posted: Fri Mar 23, 2007 12:18 am Post subject: |
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Regardless of the merits of making prostitution legal...you have to admit that the legal situation in Canada is a bit bizarre. Prostitution itself is legal, but communicating for the purposes of prostitution, isn't. That just doesn't make sense, and was bound to be subject to a court challenge sooner or later.
Engaging in prostitution, by its very nature, involves some form of communication between individuals. If the law grants people the right to engage in prostitution, how can that right be exercised without some form of communication, some capacity to communicate on the subject?
The law as it stands now is a sham...it makes a gesture towards the idea that people have the right to do whatever they want with their bodies, but then effectively denies them that right with another law. It would be better and clearer if the law simply stated that prostitution itself was either legal or illegal. |
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EFLtrainer

Joined: 04 May 2005
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Posted: Fri Mar 23, 2007 1:25 am Post subject: |
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| BJWD wrote: |
| Living off the proceeds is a way to criminalize pimps, efl. As in, they take from the hookers for 'protection'. |
The article makes it pretty clear it doesn't only apply to pimps. |
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thepeel
Joined: 08 Aug 2004
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Posted: Fri Mar 23, 2007 1:29 am Post subject: |
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| "Living off the proceeds of prostitution" is the term used to describe the criminal charges used to stop pimping. |
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gang ah jee

Joined: 14 Jan 2003 Location: city of paper
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Posted: Fri Mar 23, 2007 1:55 am Post subject: |
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| Living off the proceeds of prostitution ain't easy. |
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endo

Joined: 14 Mar 2004 Location: Seoul...my home
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Posted: Fri Mar 23, 2007 3:34 am Post subject: |
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| good one |
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Octavius Hite

Joined: 28 Jan 2004 Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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Posted: Sat Mar 24, 2007 4:50 am Post subject: |
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I guess Jinju will oppose this cause of its communist overtones???
http://ca.news.yahoo.com/s/capress/sex_workers_co_op
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VANCOUVER (CP) - The lonely girl in a pleather skirt and stilettos waiting vainly on the corner for a date isn't a typical image associated with a member of a business co-operative.
Neither is the busty blond leering out from the E section of the telephone book.
Group-owned and controlled by its members, co-ops are the traditional purview of credit unions, farmers and artists.
But a coalition of prostitutes in Vancouver sees no reason why it can't join that list.
Tired of unsafe working conditions, the B.C. Coalition of Experiential Women is exploring the idea of starting a sex workers co-operative, where the selling of sex and its accoutrements would be controlled not by the need to pay off drug debts or pimp fees but by the prostitutes themselves.
"We want it to be above board," said Raven Bowen, one of two authors of Developing Capacity for Change, a report written to explore the concept and need for a sex trade co-op in Vancouver.
"The whole idea is to pull the industry out from the shadows into a more, not public, but legitimate environment."
Among the options being considered is an actual bricks-and-mortar establishment that would offer a safe space for prostitutes to bring clients or act as a booking agency for their solicitation.
Workers could share the cost of marketing and pool resources to buy supplies.
Job training would be provided, as would health and safety services.
Membership would have its privileges, but the group intends for the services of the co-op to be accessible to all tiers of the sex trade - from the survival worker on the corner to the high-class madam.
The report came out of a series of focus groups held with women working in businesses called escort agencies or massage parlours in the Yellow Pages but considered by many to be licensed sellers of sex.
Cities reaping thousands of dollars from the licensing of escort services while politicians continue to balk at changing the laws surrounding prostitution is the ultimate hypocrisy, said John Lowman, a professor at Simon Fraser University who has been researching prostitution law for 20 years.
"I've talked to politicians who say 'well, we don't really know what goes on in escort services,"' Lowman said.
"To which I've always responded well you better resign so someone who is in touch with the realities of contemporary Canadian society can take your place."
The city of Vancouver has had numerous debates on the issue of escort agency and massage parlour licences.
There are rules in place governing their operation, but regular inspections aren't carried out.
"The conclusion is we will license any legitimate business as long we have the understanding they are intending to operate legitimately," said Paul Teichroeb, chief licence inspector for the city. |
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