What if... Worst Case Scenerio

While I applaud today's ruling in the courts, what if the Conservative government passes a law which makes prostitution illegal? Then we're really screwed (and not in a good way!)

I don't think we have to worry about that. The Government would need everyone in their own party to vote for a bill plus some members from the opposition parties as well. No Liberal, NDP or Bloc Quebecois MP is going to vote with the Conservitives on any bill right now let alone one concerning prostitution. But I do believe there is going to be a long court battle over this and the Conservatives are gloing to fight this in the court of public opinion and try to galvanize support from the rural voting base.

Just as an aside, wouldn't a law making prostitution illegal also be unconstitutional? e.g ( banning it outright would make it even more unsafe, like in the U.S. which is what the constitutional challenge was all about in the first place!)

Just as an aside, wouldn't a law making prostitution illegal also be unconstitutional? e.g ( banning it outright would make it even more unsafe, like in the U.S. which is what the constitutional challenge was all about in the first place!)

This constitutional challenge is not structured that broadly. It is only about the three specific Criminal Code provisions. From the decision:

and

The legal arguments in the judgment start with the premise of the existing situation in which prostitution is legal. The logic (as I read it) runs along the lines of:

GIVEN that prostitution is legal in Canada, THEN the Criminal Code provisions force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Charter ... while engaging in this legal activity.

I think that there is no argument or finding made here that any pursuance of an illegal activity need be subject to any such qualms. After all, someone engaging in an illegal activity has fewer rights to security of the person -- and no right to liberty (i.e. staying out of jail).

For example: If all forms of prostitution were made to be illegal and to carry equal legal penalites, there would be no basis for this judgment's key finding that a conflict exists among the consequences of interacting laws. In such a scenario (where all forms of prostitution are equally sanctioned), heavier legal penalties for engaging in a safer indoor version could not be claimed to be driving prostitutes to, and keeping them in, an outdoor version where the legal penalties are lighter, but the situation more dangerous and harmful.

Note the caveat:

Might a law that was drafted to enact the complete prohibition of prostitution be found unconstitutional? Hopefully so. But not on the basis of this decision, as near as I can tell.

(Of course this is my own reading and interpretation of Judge Himel's arguments. I stand to be corrected.)

Electronic Text of the Decision: http://www.canlii.org/en/on/onsc/doc/2010/2010onsc4264/2010onsc4264.html

While I applaud today's ruling in the courts, what if the Conservative government passes a law which makes prostitution illegal? Then we're really screwed (and not in a good way!)

There is nothing in our constitution or Charter of Rights that would stop the government from making prostitution illegal.

Should the Conservatives win a majority in the next election I firmly believe they will bring in a law to prohibit prostitution in all cases. They will dress it up as an "anti-human trafficking" initiative. Because the current ruling has made it clear the existing laws are illogical (prostitution is legal but nearly everything to do with it is not) then the PC's will also argue a new law is needed to clarify the situation. Since there is no way in hell a PC majority gov't is going to legalize or even decriminalize prostitution they will do the opposite and make it illegal.

This also gives them an easy bone to throw to their religious grass roots supporters who are not going to get any laws banning their other moral crusades such as abortion, same sex marriage, religion in schools etc. The PC's are only too well aware these issues are much more divisive, but sex workers? Hell they're an easy target....who's gonna stand up for them?

If you are part of this industry (client or SP) and you vote PC next election you'll find that the party you voted for wants to turn you into a criminal.

Do not vote for the Conservative party. Period.

I have been collecting the emails of my clients and they all have mine...just in case.

Yes Cat, I am in the same that you are, just today discussing about this subject with a client who is. let's say, somewhat influential. He does not want that law to pass, but, as Scott and Wrinkled had said, there is no way to stop them....

Vote Liberal or whatever, but not the conservatives, for many reasons...

LoraLee:ablow:

If you are part of this industry (client or SP) and you vote PC next election you'll find that the party you voted for wants to turn you into a criminal.

Do not vote for the Conservative party. Period.

Hear hear!!!.

Can someone please post an article of this..

 

Were there any changes made?

What are they trying to change?

 

(Confused :oops:)

The Ontario Constitutional Challenge ruling came in on Tuesday. Check out the following, and other threads in the "Legal discussion" forum!

http://www.cerb.ca/vbulletin/showthread.php?t=35607