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Patlal
You ask too many questions



Registered: 10/09/10
Posts: 44,797
Loc: Ottawa
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Canada's Supreme Court just struck down 3 prostitution laws that were deemed unconstitutional
#19304653 - 12/20/13 07:19 PM (10 years, 1 month ago) |
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In her decision, McLachlin wrote that given that prostitution itself is legal, the three provisions made it too difficult for prostitutes to safely engage in sex work.
Good. Now it's up to the house to either make decent laws or fully legalize it.
Quote:
Canada's top court has struck down three key laws concerning prostitution in this country, declaring them unconstitutional, disproportionate and overly broad.
In a 9-0 ruling Friday, the Supreme Court said the laws prohibiting keeping a brothel, living on the avails of prostitution, and communicating in public for purposes of prostitution "do not pass Charter muster." It said they infringe on the rights of prostitutes by depriving them of security of the person.
In a written statement on behalf of the court, Chief Justice Beverley McLachlin said that because prostitution itself is legal in Canada, the three provisions outlined in the ruling made it extremely difficult for prostitutes to safely engage in their work and prevented sex workers from taking steps to protect themselves.
The court found that many of the provisions ended up forcing women out of brothels and into the streets and punished people who worked to protect prostitutes in the sex trade industry including bodyguards and office receptionists.
McLachlin noted that "the regulation of prostitution is a complex and delicate matter," and that it "will be for Parliament, should it choose to do so, to devise a new approach, reflecting different elements of the existing regime."
The court's decision will be suspended for one year, meaning the laws will stand as they are until Parliament decides to either amend the laws or set the issue aside.
Justice Minister Peter MacKay said he was "concerned" by the court's decision and that his office would be reviewing the ruling.
"We are reviewing the decision and are exploring all possible options to ensure the criminal law continues to address the significant harms that flow from prostitution to communities, those engaged in prostitution, and vulnerable persons," he said in a statement.
In her decision, McLachlin wrote that given that prostitution itself is legal, the three provisions made it too difficult for prostitutes to safely engage in sex work.
She wrote the laws "do not merely impose conditions on how prostitutes operate. They go a critical step further, by imposing dangerous conditions on prostitution; they prevent people engaged in a risky -- but legal -- activity from taking steps to protect themselves from the risks."
The law banning brothels forces prostitutes onto the streets, McLachlin wrote, and the resulting health and safety risks imposed upon street workers is "grossly disproportionate" to the law's objective of preventing public nuisance.
"Parliament has the power to regulate against nuisances, but not at the cost of the health, safety and lives of prostitutes," McLachlin ruled.
As for the laws banning living on the avails of prostitution prohibition, McLachlin wrote that the intention of that law was to target pimps and those who attempt to exploit sex workers. But she said the law punished everyone who works with prostitutes, including those who work to protect them, such as bodyguards, managers and office receptionists.
"In these ways, the law includes some conduct that bears no relation to its purpose of preventing the exploitation of prostitutes. The living on the avails provision is consequently overbroad," McLachlin wrote.
Lawyers for the federal and Ontario governments argued that if prostitutes want to avoid the inherent risks of prostitution, they could simply choose not to engage in it.
But the court noted that although some prostitutes freely choose to engage in prostitution, many "have no meaningful choice but to do so," because of financial desperation, drug addictions, pressure from pimps, or other reasons.
"Realistically, while (prostitutes) may retain some minimal power of choice -- what the Attorney General of Canada called 'constrained choice' -- these are not people who can be said to be truly 'choosing a risky line of business," McLachlin wrote.
Applicants delighted by decision Friday's ruling is considered a victory for the three current and former sex workers who brought forth the application to challenge the laws; they appeared both stunned and delighted by the decision.
"I would like to thank the Supreme Court of Canada for declaring sex workers to be persons," former prostitute Valerie Scott, one of the applicants, told reporters gathered in the court's foyer.
"This is the first time in Canadian history that sex workers are truly persons, we are truly citizens of this country. And now we can work in our legal occupation in a legal manner," she said. "This is the best decision I have ever had in my life."
Lawyer Alan Young, who represented the three applicants, said he always believed his team's arguments were "incontrovertible" but he, too, was surprised by the court's unanimity.
"Nine-zero in the Supreme Court of Canada is a little bit surprising to me. I thought in light of the divisive nature of the debate, there would be some dissenting judges," he told reporters.
"But that shows how strong our evidentiary record was and how much we were able to demonstrate that the current laws are irrational and hurting people." Young added that he didn't expect to see much change at the street level, asserting that prostitution laws are some of the most under-enforced laws in the Criminal Code.
Read more: http://www.ctvnews.ca/canada/top-court-strikes-down-canada-s-overly-broad-anti-prostitution-laws-1.1601790#ixzz2o4WEXgJo
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Edited by Patlal (12/20/13 08:02 PM)
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koods
Ribbit



Registered: 05/26/11
Posts: 106,053
Loc: Maryland/DC Burbs
Last seen: 3 minutes, 15 seconds
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal] 2
#19304668 - 12/20/13 07:22 PM (10 years, 1 month ago) |
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A lady judge. Well, I'll be...
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NotSheekle said “if I believed she was 16 I would become unattracted to her”
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Patlal
You ask too many questions



Registered: 10/09/10
Posts: 44,797
Loc: Ottawa
Last seen: 3 hours, 19 minutes
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: koods]
#19304698 - 12/20/13 07:26 PM (10 years, 1 month ago) |
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Quote:
koods said: A lady judge. Well, I'll be...
Yep. Apparently they have the right to vote too!
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mushroom_sandwich
semi retarded



Registered: 04/17/12
Posts: 2,803
Last seen: 7 years, 11 months
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304702 - 12/20/13 07:27 PM (10 years, 1 month ago) |
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prostitution is legal in Canada?
-------------------- “I believe in a long, prolonged derangement of the senses to attain the unknown. Our pale reasoning hides the infinite from us."
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Synthe
Gatorade me, bitch!


Registered: 11/10/12
Posts: 7,961
Loc: Three bags of Funyuns
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304711 - 12/20/13 07:28 PM (10 years, 1 month ago) |
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Because one thread isn't enough?
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koods
Ribbit



Registered: 05/26/11
Posts: 106,053
Loc: Maryland/DC Burbs
Last seen: 3 minutes, 15 seconds
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304715 - 12/20/13 07:29 PM (10 years, 1 month ago) |
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Quote:
Patlal said:
Quote:
koods said: A lady judge. Well, I'll be...
Yep. Apparently they have the right to vote too!
Don't be facetious. I'm saying it's not a good idea to have ladies deciding things about sex stuff.
Just to be safe... I'm kidding. Women are probably fine doing a mans job.
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NotSheekle said “if I believed she was 16 I would become unattracted to her”
Edited by koods (12/20/13 07:35 PM)
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zappaisgod
horrid asshole


Registered: 02/11/04
Posts: 81,741
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal] 1
#19304717 - 12/20/13 07:30 PM (10 years, 1 month ago) |
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Quote:
Patlal said:
Quote:
koods said: A lady judge. Well, I'll be...
Yep. Apparently they have the right to vote too!
The end of civilization.
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Hobozen

Registered: 11/03/11
Posts: 10,634
Loc:
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Synthe]
#19304721 - 12/20/13 07:30 PM (10 years, 1 month ago) |
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... cheaper asian hookers? one can only hope for what the future holds
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Patlal
You ask too many questions



Registered: 10/09/10
Posts: 44,797
Loc: Ottawa
Last seen: 3 hours, 19 minutes
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: mushroom_sandwich]
#19304723 - 12/20/13 07:30 PM (10 years, 1 month ago) |
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Quote:
mushroom_sandwich said: prostitution is legal in Canada?
Its been for a long time
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Hobozen

Registered: 11/03/11
Posts: 10,634
Loc:
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304725 - 12/20/13 07:31 PM (10 years, 1 month ago) |
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Quote:
Patlal said:
Quote:
mushroom_sandwich said: prostitution is legal in Canada?
Its been for a long time
there are 2 full pages of it advertised in one of our biggest newspapers
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koods
Ribbit



Registered: 05/26/11
Posts: 106,053
Loc: Maryland/DC Burbs
Last seen: 3 minutes, 15 seconds
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal] 1
#19304732 - 12/20/13 07:32 PM (10 years, 1 month ago) |
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Quote:
Patlal said:
Quote:
mushroom_sandwich said: prostitution is legal in Canada?
Its been for a long time
It's legal everywhere. You just have to film the act, and you've hired a porn actress, not a prostitute.
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NotSheekle said “if I believed she was 16 I would become unattracted to her”
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Patlal
You ask too many questions



Registered: 10/09/10
Posts: 44,797
Loc: Ottawa
Last seen: 3 hours, 19 minutes
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: koods]
#19304739 - 12/20/13 07:33 PM (10 years, 1 month ago) |
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Quote:
koods said:
Quote:
Patlal said:
Quote:
mushroom_sandwich said: prostitution is legal in Canada?
Its been for a long time
It's legal everywhere. You just have to film the act, and you've hired a porn actress, not a prostitute.
Do you need a special license to make porn you think?
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koods
Ribbit



Registered: 05/26/11
Posts: 106,053
Loc: Maryland/DC Burbs
Last seen: 3 minutes, 15 seconds
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304756 - 12/20/13 07:36 PM (10 years, 1 month ago) |
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I never hav...I mean, I doubt it.
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NotSheekle said “if I believed she was 16 I would become unattracted to her”
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Patlal
You ask too many questions



Registered: 10/09/10
Posts: 44,797
Loc: Ottawa
Last seen: 3 hours, 19 minutes
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: koods]
#19304825 - 12/20/13 07:50 PM (10 years, 1 month ago) |
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Why is there 2 exactly same threads about this????
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pcplease
Salame

Registered: 09/02/11
Posts: 6,089
Last seen: 9 years, 10 months
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304854 - 12/20/13 07:56 PM (10 years, 1 month ago) |
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Because you made one 5 minutes after other dude?
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Par

Registered: 09/05/10
Posts: 811
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Patlal]
#19304857 - 12/20/13 07:56 PM (10 years, 1 month ago) |
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Was wondering that too with the same title as well
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Patlal
You ask too many questions



Registered: 10/09/10
Posts: 44,797
Loc: Ottawa
Last seen: 3 hours, 19 minutes
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Par]
#19304877 - 12/20/13 08:01 PM (10 years, 1 month ago) |
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Quote:
Par said: Was wondering that too with the same title as well
I made up my title. I didn't copy paste it. What are the odds of making the exact same title than someone else at the same time????
He copy pasted me. Extremely obviously.
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Mescalean
Burke is love, burke is life.


Registered: 01/18/12
Posts: 6,755
Last seen: 6 years, 10 months
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Par] 1
#19304882 - 12/20/13 08:01 PM (10 years, 1 month ago) |
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The we're in the title. All I see is WE'RE
-------------------- FREE BURKE
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shivas.wisdom
בּ



Registered: 02/19/09
Posts: 13,429
Loc: Turtle Island
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Mescalean]
#19304903 - 12/20/13 08:05 PM (10 years, 1 month ago) |
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It's been a good week for supreme court decisions in Canada:
Police notes can't be vetted by lawyers, Supreme Court says
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SkeletalSpore
♥$♄ґ◎◎мεя⑂♥



Registered: 01/25/13
Posts: 602
Loc: Lake Titicaca, Canada
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Re: Canada's Supreme Court just struck down 3 prostitution laws that we're deemed unconstitutional [Re: Par]
#19304904 - 12/20/13 08:05 PM (10 years, 1 month ago) |
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Proud to be Canadian! I personally won't be going to any prostitutes (at least for the next 50 or so years ) but I find it absurd that prostitution is illegal in most countries.
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