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Getting prostitution law right
For example, the law against communication tends to push transactions into the shadows or force sex workers into making rushed decisions. "By prohibiting communicating in public for the purpose of prostitution, the law prevents prostitutes from screening clients and setting terms for the use of condoms or safe houses," the Court said.
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As Parliament evaluates that new law, it should bear in mind the reasons the court struck down the old ones.
The government could have chosen to simply let those three laws about how and where prostitutes do business pass into history. It could have left the regulation of prostitution, and the mitigation of effects on neighbourhoods, to provinces and municipalities. Instead, it chose to create a new law.
If the government gets this wrong, that could cause not only another generation of court cases, but more deaths and disappearances on the street.
to back that extraordinary claim. It was already illegal to talk to a prostitute about buying sex, and that hasn't stopped it from happening. Good law cannot be based on wishful thinking; it must be based on a clear eyed understanding of the likely consequences.
The December decision rested on the guarantee of "security of the person" in the Canadian Constitution. The laws, the Court said, "prevent people engaged in a risky but legal activity from taking steps to protect themselves from the risks."
It was not necessary to replace those provisions at all. Prostitution involving consenting adults was, and remains, a legal activity. Exploitation and underage prostitution were, and remain, illegal.
Guest editorial from the Ottawa Citizen
Advocates for criminalizing the purchase of sex argue that if Canada's goal in making such legislation was to eliminate prostitution, that would satisfy the courts even if the laws continued to create harms, because the purpose of the old laws was Converse All Star Sneakers Sale
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Any law that inhibits communication could cause the same harms. No potential client is Converse Chuck Taylor All Star Ii Low Top Unisex Shoe
going to want to have a conversation setting safe terms, while looking over one shoulder for police. Legalizing safe houses would be of no real effect if using them were tantamount to walking into a police trap.
merely to reduce nuisance.
If the government believes it has a plan to eliminate prostitution, it must be prepared Converse All Star Ox White Size 6
The federal government tabled legislation Wednesday to replace three Criminal Code provisions that were struck down in a Supreme Court decision in December. Those provisions made it an offence to keep or be Converse Black Shoes Sale in a bawdy house, to live on the avails of prostitution, or to communicate in public for the purposes of prostitution.
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