Some of the prostitution laws of Canada have been successfully challenged in Ontario.

“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.”

Specifically: prohibitions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade have all been deemed unconstitutional and need to be replaced or revised by parliament.
 

“The women and their lawyer, Alan Young, held a news conference Tuesday afternoon and expressed elation.  “It’s like emancipation day for sex-trade workers,” said Bedford, adding the ball is now in Prime Minister Stephen Harper’s court. “The federal government must now take a stand and clarify what is legal and not legal between consenting adults in private.”

Ah yes, the clear letter of the law scrubbed clean of any of the realities of the world of the sex trade and human trafficking.  Statements like the above seem handcrafted out the dreams of Utopian libertarians, how quickly the privileged point of view obscures the reality for many women for which the highly touted notion CONSENT has never existed.   But, before more doom and gloom more pretty flowers!

“We don’t have to worry about being raped and robbed and murdered,” she said. “This decision means that sex workers can now pick up the phone, and call the police and report a bad client. This means that we no longer have to be afraid, that we can work with the appropriate authorities.”  Moreover, sex workers can set up guilds and associations, health standards, workers’ compensation programs, as well as pay income tax. “We want to be good citizens and it’s time, now we finally can,” said Scott.”

Wow, it is like just totally amazing.  Organize crime and others who exploit women will just disappear from the scene because now the dehumanized, marginalized women won’t have to worry about being raped, robbed and murdered.  They can simply call the police.  Holy Frak Batman, it is just like 911 suddenly became available to sex trade workers now!  All the coercive pressure they experienced before must also magically disappear because wow, you gain power as you further legalize the commodification of your body.  That must be how it works!  Who knew?

Apparently Austrailia, the Netherlands and other jurisdictions that have legalized the sex trade it works a little too well, human trafficking has also increased  in these areas.  It is also a very Canadian problem.  Letting the laws lapse will not help the causes of sex-trade workers or victims of human trafficking.  We need to have laws against the purchase on any sex act and reverse the onus of responsibility when it comes to the legal sharp end of the stick.  The Johns must be made fully responsible for their actions and we should spare no legal expense to go after those who exploit vulnerable women and children.

We in Canada should adopt the Swedish model of prostitution laws which makes the the act of procuring sex illegal, while maintain the act of selling sex to be legal.  The people who work in sex trade are to be treated as victims of sexual exploitation and assault and provided with counselling, housing, and addiction programs to get them out of the egregious cycle of having to sell themselves to others.

What a crazy egalitarian notion this is? Treating all people as human beings instead of commodities?  You have to hand it to the Swedes for leading the way in this area.  We’re still talking about it here in Canada.   At least the Conservatives get some things right this from the National Standing Committee on the Justice and Human Rights 2007:

“Prostitution as a Form of Violence, not Commerce

In contrast, like many witnesses who appeared before the Subcommittee, members from the Conservative Party see prostitution as a degrading and dehumanizing act, often committed and controlled by coercive or opportunistic individuals against victims who are frequently powerless to protect themselves from abuse and exploitation. They believe that the most realistic, compassionate and responsible approach to dealing with prostitution begins by viewing most prostitutes as victims.

Questioning Consent and Harmlessness

Unlike other parties, the Conservatives do not believe it is possible for the state to create isolated conditions in which the consensual provision of sex in exchange for money does not harm others. They believe that all prostitution has a social cost, and that any effort by the state to decriminalize prostitution would impoverish all Canadians — and Canadian women in particular — by signalling that the commodification and invasive exploitation of a woman’s body is acceptable. In their view, such a notion violates the dignity of women and undermines efforts to build a society in which all members are respected equally, regardless of gender. Furthermore, considering that gender-linked social and economic hardships are often what push women into prostitution in the first place, the Conservatives question how often “consent” is truly given out of choice, and not necessity.

These members also feel that because of the negative elements it attracts, prostitution is unacceptable in any location — commercial, industrial or residential, including massage parlours and private homes. They feel it would be unethical for a government to voluntarily degrade or endanger any community by permitting increased prostitute, john and pimp traffic, and subsequently exposing locals to elevated levels of harassment, luring and drug use.”

It is nice when the Conservatives actually get something right, for once.