WUNRN
CANADA - PROSTITUTION LAWS RULED UNCONSTITUTIONAL
BY ONTARIO COURT
By Linda Nguyen, Postmedia News -
Toronto, Canada - An Ontario Superior Court ruled Tuesday that three prostitution laws are unconstitutional.
Three sex-trade workers argued that laws in the Criminal Code that prohibit them from running a bawdy house, communicating for the purpose of prostitution and living off the avails of prostitution put their lives, and other prostitutes' lives, at risk.
Data from the Canadian Centre for Justice Statistics show the number of homicides against prostitutes has remained steady over the last two decades. From 1991 to 1999, police reported 72 prostitute slayings. From 2000 to 2008, there were 70.
The provisions "are not in accord with the principles of fundamental justice," wrote Justice Susan Himel in a 131-page ruling issued Tuesday afternoon. The laws "force prostitutes to choose between their liberty interest and their security of the person as protected under the Charter of Rights and Freedoms,"
Dominatrix Terri-Jean Bedford, one of three sex-trade workers who launched the constitutional challenge in 2009, said the ruling was great and they challenged Ottawa to respond.
"Now it's the federal government's turn. Prime Minister (Stephen) Harper has to answer to what we can and can't do in the privacy of our own homes," she said outside the Toronto courthouse moments after the ruling.
The provisions struck down by the judge relate to adult prostitution and do not affect prohibitions involving people under 18 or measures to prosecute pimps in the sex trade. Himel also issued a stay of her ruling for 30 days, so the federal government can take measures to prevent unlicensed brothels from operating.
Bedford, along with prostitutes Valerie Scott and Amy Lebovitch, argued these laws put lives at risk because they drive prostitutes onto the streets and limit their ability to talk to prospective clients to determine if they might be dangerous.
"The bottom line is we managed to prove from the Criminal Code a bunch of archaic offences that were actually putting sex workers in harm's way." said the women's lawyer, Alan Young. "Regardless of what you think of sex work, the law should never expose woman to danger."
The federal government opposed the constitutional challenge, arguing that the present Criminal Code provisions should be upheld. Several other groups, including the Catholic Civil Rights League, the Christian Legal Fellowship and REAL Women of Canada, were granted intervener status and permitted to make arguments during the hearing.
The federal government has 30 days to file an appeal of the ruling to the Ontario Court of Appeal.
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NWAC - Native Women's Association of Canada
http://www.nwac.ca/media/release/30-09-10
NWAC
QUESTIONS IF LANDMARK COURT RULING WILL
INCREASE SAFETY IN
PROSTITUTION IN CANADA
Ottawa, Ontario (September 30, 2010) - The Native Women’s Association of Canada (NWAC) wishes to express concern over the landmark ruling by Superior Court justice Susan Himel to strike down three aspects of the criminalization of prostitution: living off of the avails of prostitution, keeping a common bawdy-house and communicating in a public place for the purpose of engaging in prostitution.
The decision will take effect in 30 days in Ontario, and paves the way for judges in other provinces to make similar judgments. These three aspects of the criminalization of prostitution were struck down, with the aim to uphold liberty and the right to security of person as protected under the Charter of Rights and Freedoms.
While this decision highlights the inherent harm and risk of violence in prostitution, the Native Women’s Association of Canada is concerned that this judicial decision was based on the fact that the law is written from the perspective of street nuisance (reducing the street nuisance associated with prostitution) and not with the safety of the individuals working as prostitutes.
Additionally as NWAC President Jeannette Corbiere Lavell says “The decision itself acknowledges systemic injustice but nowhere mentions the overrepresentation of Aboriginal women in the sex industry. This decision glosses over the fact that Aboriginal women, women in low income situations, those suffering from mental health and addictions issues are working in prostitution because of systemic racism and classism, as well as a fundamental power imbalance and issues of inequality, which is at the root of prostitution.”
Litigants Terri-Jean Bedford a dominatrix and two women formerly working as prostitutes Valerie Scott and Amy Lebovitch, brought their case forward on the bases that these provisions infringed upon their rights to conduct lawful business in a safe environment.
This ruling is also marred with contention in scenarios where prostitutes hire “assistants” for their safety or management of business, in that it can place them in a vulnerable position by allowing human traffickers to pose as “assistants” acting in their best interest when in fact they are simply living off the avails of prostitution or have trafficked women.
What this ruling does suggest is that violence against sex workers is endemic and more efforts need to be made to protect their safety and well-being.
The Native Women’s Association of Canada (NWAC) is founded on the collective goal to enhance, promote, and foster the social, economic, cultural and political well-being of Aboriginal women within the Aboriginal community and Canadian society. As a voice for Aboriginal women, NWAC is committed to protecting the safety and well-being of Aboriginal women and girls.