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Dominatrix Terri-Jean Bedford, right, carries a riding crop while walking with sex workers advocate Valerie Scott in front of Ontario Superior Court in Toronto on Tuesday, Oct. 6, 2009. (Darren Calabrese / THE CANADIAN PRESS) Dominatrix Terri-Jean Bedford, right, carries a riding crop while walking with sex workers advocate Valerie Scott in front of Ontario Superior Court in Toronto on Tuesday, Oct. 6, 2009. (Darren Calabrese / THE CANADIAN PRESS)

Current laws protect prostitutes, argue opponents

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Canada AM: A debate over legalizing the sex trade
A former sex trade worker and a representative of a religious group debate the pros and cons of legalizing the sex trade.
CTV National News: John Vennavally-Rao reports
The world's oldest profession went on trial in an Ontario court as three sex trade workers argued Canada's current prostitution laws are unconstitutional.
CTV Toronto: Chris Eby on the law challenge
Sex trade workers were in court fighting the Criminal Code provisions that they say puts them at risk. Chris Eby reports.
CTV News Channel: Lawyer and former dominatrix
Alan Young, the Osgoode Hall law professor representing the women, and former dominatrix Terri Jean 'Madame deSade' Bedford, explain why they want the Court to strike down all the Criminal Code sections pertaining to solicitation to effectively decriminalize prostitution
CTV News Channel: Susan Davis, sex worker
The director of West Coast Cooperative of Sex Industry Professionals says since the current legal framework came into effect, there have been more murders or deaths of sex workers.

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Dominatrix Terri-Jean Bedford, right, carries a riding crop while walking with sex workers advocate Valerie Scott in front of Ontario Superior Court in Toronto on Tuesday, Oct. 6, 2009. (Darren Calabrese / THE CANADIAN PRESS) Dominatrix Terri-Jean Bedford, right, carries a riding crop while walking with sex workers advocate Valerie Scott in front of Ontario Superior Court in Toronto on Tuesday, Oct. 6, 2009. (Darren Calabrese / THE CANADIAN PRESS)

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Dominatrix Terri-Jean Bedford, right, carries a riding crop while walking with sex workers advocate Valerie Scott in front of Ontario Superior Court in Toronto on Tuesday, Oct. 6, 2009. (Darren Calabrese / THE CANADIAN PRESS)

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Date: Wed. Oct. 7 2009 9:51 AM ET

As legal arguments continue into a challenge of Canada's prostitution laws, those who oppose the sex trade say the current laws are actually the best way to protect prostitutes.

Joanne McGarry of the Catholic Civil Rights League, one of the groups that has been granted the right to legally intervene in the case, says effectively decriminalizing prostitution would not end violence against prostitutes.

"There are risks inherent to the occupation that don't relate to whether it's legal or illegal," McGarry told Canada AM Wednesday.

"In a certain percentage of cases, there will always be people attracted to prostitution for the purpose of dealing harm. I think the laws we have now provide the police with some means for reducing that harm."

A lawyer for three sex-trade workers is before an Ontario Superior Court judge this week to argue that Canada's laws that outlaw "communication for the purposes of prostitution", "living off the avails of prostitution", and "keeping a bawdy house" put prostitutes in danger they ply a trade that the courts have deemed legal.

Alan Young, the Osgoode Hall law professor representing the women, argued in court Tuesday that with the way the laws stand, prostitutes can't ask the questions needed to screen potential clients, they can't work together in brothels, and they can't have anyone protect them. That leaves sex workers forced to work on the streets where they are vulnerable to the violence.

In court Tuesday, Young said there have been many "shocking and horrific" stories of women who work the streets since the laws were enacted in 1985, most notably the case of Robert Pickton, who is suspected in the murder of at least 26 prostitutes.

"There are dangers working on the street. (The law) has contributed to the lack of safety and harm women face," he told reporters outside the Toronto courthouse where the case is being heard.

Young also disagrees with those who argue prostitution is inherently unsafe.

"Obviously, it is safe when conducted indoors," he told CTV News Channel Tuesday. "International studies in legalized jurisdictions have shown that. So it's common sense to say it's safer to move indoors."

But McGarry questions whether changing the current laws would make prostitution any safer. She doesn't think allowing sex workers to practise their trade in a brothel or with the help of a pimp would make it any safer.

For instance, she says, if someone is being forced into the sex trade by a pimp or through human trafficking, current laws allow police to arrest that pimp. 

"The laws we have now offer the means to provide help to those in the business who don't wish to be in it," she said.

"People don't choose to become prostitutes the same way they choose to become school teachers or office workers or sales reps," she added. "A great many are acting under coercion and sometimes against their will, and I don't think we're going to improve that by turning pimp into a legal occupation."

Instead of making it easier for prostitutes to operate, we should be working on stopping people from entering the business at all, McGarry argued.

"We should be looking for ways to give people dignity so they don't engage in prostitution," she said.

The Crown is expected to argue that decriminalizing prostitution could cause women to view it as "a career choice," make Canada a haven for sex tourism, and perhaps lead to "red-light districts" across the country.

They also plan to argue that prostitution is inherently degrading and unhealthy, and should not be encouraged by lax laws.

"The Charter does not mandate Parliament to design a regime allowing the applicants to earn money by engaging in prostitution with fewer hindrances," federal prosecutor Michael Morris said in a legal brief.

Evidence in the case is expected to consist mostly of affidavits from 56 individuals, including sex workers, police officers, academics and NDP MP Libby Davies, whose Vancouver riding includes the Lower East Side.

Arguments are scheduled to be heard through Thursday; a decision in the case could take months.

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Chris
said
0 0

Legalizing prostitution would

a) move $ from criminals' pockets to our tax base,
b) provide (substantially) more security to those entering the trade (read Cdn Const. Sec. 7 - we have not fullfilled this right under our current laws),
c) result in less wasted time for police officers - lets face it...this battle against prostitution has long been lost,
d) remove prost. from streets,
e) remove drugs from the trade as pimps are the primary pushers. It is time we realized that the Church (whose position is the primary driver behind where society stands) has no moral authority here (clearly!), and has exercised no leadership in the matter to the detriment of prostitutes and the remainder of society.

Prostitution will always exist however, It is time we selected a win-win situation and made this trade legal. Chris, St. John'sPS: I'm neither a prostitute, nor a 'John'...just rational.


Rik trottier
said
0 0

McGarry has lost her grip on reality and is currently in freefall. I work from home on the computer and no sentient being could ever say I'd be safer working with my desk on the corner at the end of my street. No sentient being could possibly say prostitutes are safer on the streets. Do we have a word to describe those that could? I can think of a few.


Bunny
said
0 0

Holland did this. They saw crime and drug related problems go up. They have now reversed their situation. No it should not be legal, women can find a much better job.


Theresa
said
0 0

How can anyone take her seriously, waving that whip around? Give me a break.


Jonathan
said
0 0

I guess McGarry has not read or heard their argument that if the prostitutes were allowed to work out of houses, that they could have bodyguards and filter the types of men that approach the facility instead of the girls rolling the dice everytime they get in some guy's car. Morality doesn't always equate to safety. In this case, morality is making the trade more dangerous and more taboo.


Robert Paul Kneeshaw
said
0 0

This is an area of everyday life that has its pros & cons among the citizenry. There are Nations who allow full open prostition within certain guidelines and framework. There are also those who make it illegal in any format subject to criminal prosecution.I think for CANADA we should look at this legal occupation in light of the current laws.

If Prostitution is legal, than go all the way and set guidelines and parameters to make it safe, for the sex worker, and the client, and set naturally the various taxes for same to function.If it is decided by, NOT A COURT, but, by and act of Paliament to b e legal than so be it.If that same Parliament deems it illegal, than revise the laws accordingly so they are not hypocriticle and deal with it accodingly.

This profession is the oldest in mans recorded history and will be so till the end of time ~ SO ~Lets deal with this like intelligent adults (not always possible from politicians) & make it one way or the other.How do you fight in the face of reality ?


Bet
said
0 0

I certainly believe that prostitution should be decriminalized. What transpires between two people should be no one's business but theirs. Trying to eliminate this trade is the most bizarre thing governments have ever attempted to do. Take a look at Amsterdam and you will see that there women are treated with dignity in their chosen trade.


Michael
said
0 0

They need to be licensed, That would include screened and interviewing. They would need to have regular testing for HIV and other STDs. Then we could collect Taxes from all the trade and stop paying welfare to them.


Ruth
said
0 0

It isn't about making it easier for prostitutes. I think legalizing prostitution would afford the women some form of safety. Think about it: if its considered a bona-fide occupation by the rest of society, violence against these women would be much more severely frowned upon, rather than being 'expected'.

Moreover, this could protect women against pimps and others who would take advantage for them. I'm not saying that legalizing it would magically change everything, but I think its a step in the right direction.Moreover, this could contribute to giving many prostitutes a measure of respectability, which society has very much deprived them of, which isn't quite fair if one thinks about it. Too often, prostitutes are de-humanized because of their occupations. I think that needs to change, and again, I think legalizing the business could help.


Paul in SJ
said
0 0

Many argue that prostitutes and other sex-trade workers are protected under current laws...I find that laughable. Many in the sex-trade would not want to report crimes against them because of being afraid of being hassled by the police.Legalise the sex-trade, establish regulations and tax the industry like any other vice (ie alcohol, tobacco or gambling).


Martin in Ajax
said
0 0

There are some "disadvantaged" people, who should also have some way to have sex and getting the prostitute may be the only way, why to criminalize it ?!


CDN_Realist
said
0 0

Joanne McGarry doesn't seem to have a firm grip on reality....maybe no grip at all. She seems to believe that by wish it was so, people will stop trading sex for money or a nice dinner out with a movie....


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