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|    Message 38,634 of 39,416    |
|    =?UTF-8?B?e35ffn3QoNCw0LjRgdCw?= <" to All    |
|    New Canadian prostitution legislation =?    |
|    07 Jun 14 17:40:08    |
      XPost: can.politics, bc.politics, ont.politics       XPost: ab.politics, man.politics, sk.politics       From: "@nyet.ca              Once again, it well may fall to the individual provinces to bring in       legislation on bawdy houses and their licensing and any advertising for       them.       Looks like Harper & Co have decided to shirk the responsibility by       bringing in 'what you don't do' legislation, instead of 'these are the       limits for any soliciting or advertising'.              I don't disagree that ads advertising sex for sale in places like phone       books, whitepages online, or billboards on major streets, is crap that       should be banned.       And I think that if someone wants to find the local bawdy house in the       town where he lives, he's not going to have a problem finding it. If a       travelling CEO or truck driver is new to a city or town and doesn't know       where to find the local henhouse, I'm sure a doorman or bartender would       be able to give him directions.              It's a start in the right direction. Now the provinces will have to       step up and fill in the details. As usual.              ___________________________________________________________________       June 6, 2014 - the globe and mail                     Proposed prostitution laws aim to shut down conversation              Ottawa's new rules meet some of the Supreme Court's concerns with those       they struck down, but still leaves sex workers open to harm              The law on prostitution has become the latest battleground between the       Conservative government and the Supreme Court.              In a year when the government has suffered overwhelming losses at the       country's top court, and Prime Minister Stephen Harper has publicly       taken to task Supreme Court Chief Justice Beverley McLachlin, Ottawa       raised the stakes by introducing a tougher law on prostitution than the       ones struck down last year.              The court was unanimous: laws that banned street soliciting and bawdy       houses put sex workers at risk of grave harm and were out of proportion       to the aim of protecting neighbourhoods from a nuisance, and therefore       unconstitutional. But the court did not tell the government how to       reform its approach; nothing was directly ruled out.              "So the government took that bet, that challenge," University of Ottawa       law professor Carissima Mathen said, and set out to ban the       commodification of sex itself, while also stating a higher-order       purpose: protecting women, children and communities from being exploited       and degraded.              Chief Justice McLachlin has spoken often of the "dialogue" between the       court and Parliament. When a court strikes down a law, it is not the       last word; Parliament drafts a new one. But that notion of dialogue took       a new turn this week.              "I see this as more of a monologue than a dialogue," University of       British Columbia law professor Joel Bakan said. The proposed new law,       which still must be debated and voted on before it takes effect,       "putatively meets some of the Supreme Court's specific concerns, while       at the same time it contradicts their overall concern" about the safety       of sex workers, he said.              In the old prostitution laws (those rejected by the Supreme Court),       soliciting sex as a buyer or seller on the street was banned, in keeping       with the anti-nuisance purpose. In the new laws, advertising sexual       services is banned, in keeping with the aim of preventing degradation.              The Supreme Court ruled in a 1990 case that, even though the sale of sex       was legal, the right to communicate about it had less value under the       Constitution than other forms of expression, said Richard Moon, who       teaches law at the University of Windsor. But after last year's ruling,       the value of the right to advertise "may be greater because it is not       just about the sale of sexual services – it is also about enabling sex       workers to operate in a safer way," leaving the new law open to a       challenge on that ground.              A sex worker would not be prosecuted under the new law if she advertises       herself. But those who post a prostitute's ads on websites or in       newspapers such as Toronto's Now (which has 11 pages of sex-related ads       in its latest issue) could be charged, and face fines or jail sentences.       And because potential clients might never find a lone blogger's website,       sex workers would have to advertise on better-known sites, which would       be illegal if the law passes.              The Canadian government said it is setting aside $20-million for support       services to help prostitutes get out of sex work. Justice Minister Peter       MacKay said that, in the government's view, prostitutes are victims, and       the new law would protect them.              But advocates for sex workers say the advertising ban would drive sex       workers from the relative safety of their homes or places where they can       gather in groups – and where clients can be screened – to the streets.       And a ban on selling sex where people under 18 could reasonably be found       would drive sex workers further away, to dark, industrial zones.              The new law "is a gift to predators," said Jean McDonald, executive       director of Maggie's Toronto Sex Workers Action Project.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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