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Brothels soon to be legal in Canada?

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Old
09-28-2010, 09:14 PM
  #1
OilerNut*
 
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Brothels soon to be legal in Canada?

http://www.cbc.ca/canada/story/2010/...on-law028.html

Quote:
An Ontario court has thrown out key provisions of Canada's anti-prostitution laws in response to a constitutional challenge by a Toronto dominatrix and two prostitutes in 2009.

Ontario's Superior Court of Justice ruled Tuesday the Criminal Code provisions relating to prostitution contribute to the danger faced by sex-trade workers.
As far as i'm concerned they should make brothels legal and tax them. Take all the hookers off the street and put them in brothels and give them regular health checks.
Any found outside a brothel, throw them in jail.

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09-28-2010, 09:21 PM
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Masao
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Problem with brothels being illegal is mostly a question of security for the working girls

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09-28-2010, 09:38 PM
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Good, this type of forward thinking will help the fight against illegal human trafficking.

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09-28-2010, 10:23 PM
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Rob
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Originally Posted by DevFan-RU- View Post
Good, this type of forward thinking will help the fight against illegal human trafficking.
If they have to be registered with the state it will.

Anyway it is a good day in Ontario for consenting adults.

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09-28-2010, 10:35 PM
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Quote:
Originally Posted by Rob View Post
If they have to be registered with the state it will.

Anyway it is a good day in Ontario for consenting adults.
Nevada requires licensing and monthly medical testing.

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09-28-2010, 10:53 PM
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The problem is that decision runs contrary to the 1990 Supreme Court of Canada decision where the SCC rejected a similar (even narrower) challenge to the prostitution provisions of the Criminal Code. So it will likely be necessary for the SCC to overrule itself (which it has the power to do).

That case is cited as Reference re ss. 193 & 195.1(1)(c) of Criminal Code (Canada), (the Prostitution Reference), [1990] 1 S.C.R. 1123 is a leading decision of the Supreme Court of Canada on the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms, and on prostitution in Canada. The Court held that the criminal code provision that prohibited communication for the purpose of engaging in prostitution was in violation of the right to freedom of expression however it could be justified under section 1 of the Charter and so it was upheld.

The majority found that the purpose of eliminating prostitution was a valid goal and that the provision was rationally connected and proportional to that goal. Accordingly, the provision was upheld.

This decision goes even further and would seem to be contrary to the 1990 ruling.

It was in that 1990 SCC case that the following remarks were made:
I should like to point out at the outset something that may seem obvious to some, or which may come as a surprise to others, but which in any event needs to be kept in mind throughout: prostitution is not illegal in Canada. We find ourselves in an anomalous, some would say bizarre, situation where almost everything related to prostitution has been regulated by the criminal law except the transaction itself. The appellants' argument then, more precisely stated, is that in criminalizing so many activities surrounding the act itself, Parliament has made prostitution de facto illegal if not de jure illegal.
http://scc.lexum.umontreal.ca/en/199...scr1-1123.html

As noted Crown is seeking a stay of the effect of the decision.

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09-28-2010, 11:44 PM
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JXC
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If a corporation owns a chain of brothels and you go to one, pay your money, but get a substandard hump, can you sue the Board of Directors?

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09-29-2010, 12:42 AM
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oil slick
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OK idea in theory, but in Australia it's been a complete waste of time. They still have a terrible human trafficking problem, and almost all of the sex trade is still done underground, the only difference being that demand for services has actually gone up.

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09-29-2010, 01:13 AM
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Originally Posted by OilerNut View Post
As far as i'm concerned they should make brothels legal and tax them. Take all the hookers off the street and put them in brothels and give them regular health checks.
Any found outside a brothel, throw them in jail.
Why would you make brothels legal, but freelance prostitution illegal? Bit of a double standard don't you think? Its the same act.

And what incentive would the worker have to join a brothel over being a freelance worker?

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09-29-2010, 01:55 AM
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Johnny LaRue
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Originally Posted by buddahsmoka1 View Post
Why would you make brothels legal, but freelance prostitution illegal? Bit of a double standard don't you think? Its the same act.

And what incentive would the worker have to join a brothel over being a freelance worker?
Limiting prostitution to brothels could conceivably make regulating the industry much easier. There would be premises for the authorties to check and finding the workers would possibly be easier.

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09-29-2010, 02:56 AM
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Fish on The Sand
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meanwhile adults still cannot smoke filtered flavored cigarillos.

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09-29-2010, 02:57 AM
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guest1467
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Originally Posted by Johnny LaRue View Post
Limiting prostitution to brothels could conceivably make regulating the industry much easier. There would be premises for the authorties to check and finding the workers would possibly be easier.
But I don't really see that as a direction we as a society want to take, quite the opposite really. If we really wanted to, we could arrest thousands of prostitutes tomorrow. It has almost become a more complex marijuana issue, where the law is basically meant as nothing but a weak deterrent.

And like I said before, there simply isn't much of an incentive on a broad scale for workers to enter into brothels. I can see on a individual level, since some people feel comfortable in certain situations. But freelance would be the most benefited area of prostitution under decriminalization. Why pay money to a pimp/brothel, and taxes, when you can do it under the table? I mean, if I was a prostitute right now, I would be working out of my apartment on my own.

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09-29-2010, 03:27 AM
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Free Torts
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From what they said on the news tonight, it looks like we're a long way from legalized brothels in Canada. Gov't is going to appeal.

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09-29-2010, 04:42 AM
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Getting my passport.

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09-29-2010, 05:28 AM
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SK13
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Getting my passport.
You live in Los Angeles.

Just get in your car and drive North East for a few hours.

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09-29-2010, 06:37 AM
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Quote:
Originally Posted by Fish on The Sand View Post
meanwhile adults still cannot smoke filtered flavored cigarillos.
In fairness that's the government trying to stop people looking like ****.

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09-29-2010, 07:44 AM
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Transplanted Caper
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Watching Vic Toews have to talk about this last night was hilarious.

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09-29-2010, 09:33 AM
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Johnnywhite
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Quote:
Originally Posted by buddahsmoka1 View Post
Why would you make brothels legal, but freelance prostitution illegal? Bit of a double standard don't you think? Its the same act.

And what incentive would the worker have to join a brothel over being a freelance worker?
Same reason as repealing prohibition,but outlawing distilling moonshine I suppose.Revenue & health issues.

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09-29-2010, 09:47 AM
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kingsholygrail
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You live in Los Angeles.

Just get in your car and drive North East for a few hours.
Meehhh... But it's hot out there.

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09-29-2010, 10:06 AM
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CarlWinslow
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They should be legal.

Sex between consenting adults is none of the government's or the police's business, paid or not.

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09-29-2010, 10:26 AM
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MayDay
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Originally Posted by buddahsmoka1 View Post
Why would you make brothels legal, but freelance prostitution illegal? Bit of a double standard don't you think? Its the same act.
Are you serious? There are a million professions for which laws require you to be properly certified and licensed to perform a service. Doctor, lawyer, pilot, pharmacist, etc.

In many of these professions, the rationale for requiring proper licensing is public safety. It would be the same in this case. The government certainly has a right to regulate professions which can significantly impact public health and safety.

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Old
09-29-2010, 10:44 AM
  #22
reckoning
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Originally Posted by CarlWinslow View Post
They should be legal.

Sex between consenting adults is none of the government's or the police's business, paid or not.
Absolutely. But you'll never see a politician with enough guts to publicly take that stand.

Nobody wants human trafficking, pimps, or crack addicts on sidewalks, and there should be laws to prohibit that for the safety of the women. But the woman working independently on her own isn't hurting anyone.

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09-29-2010, 10:52 AM
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bombers15
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Absolutely. But you'll never see a politician with enough guts to publicly take that stand.

Nobody wants human trafficking, pimps, or crack addicts on sidewalks, and there should be laws to prohibit that for the safety of the women. But the woman working independently on her own isn't hurting anyone.
It's a nice thought, but legalizing prostitution doesn't seem to do anything to help human trafficking.
http://sisyphe.org/spip.php?article1596
http://action.web.ca/home/catw/attac...ation20001.pdf

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Old
09-29-2010, 11:01 AM
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Buck Aki Berg
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Absolutely. But you'll never see a politician with enough guts to publicly take that stand.
...and that's the problem with politics. Rather than standing up for your their own views, politicians choose to just demonize the views of their opponents.

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09-29-2010, 11:27 AM
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txomisc
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Originally Posted by CarlWinslow View Post
They should be legal.

Sex between consenting adults is none of the government's or the police's business, paid or not.
exactly!

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