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Dominatrix Terri-Jean Bedford holds a riding crop as she speaks to media outside the Ontario Appeal Court in Toronto on Monday, June 13, 2011. (Nathan Denette / THE CANADIAN PRESS) Ontario's Appeal Court is set to rule on the constitutionality of anti-prostitution laws, Monday, June 13, 2011. Prostitution A file image of a street prostitute.

Arguments begin in landmark prostitution-laws case

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CTV News Video

CTV National News: Scott Laurie reports
Government lawyers appear before the Ontario court of appeal to argue for prostitution laws.
CTV Toronto: Michelle Dube on prostitution
Both federal and provincial governments are appealing a lower court decision that overturned three laws governing the sex trade. Michelle Dube reports.
CTV News Channel: Ron Marcel and Diane Watson
A criminal defence lawyer says three provisions in the criminal code around prostitution prevent sex trade workers from protecting themselves. A spokesperson for Real Women of Canada says former prostitutes say sex trade work is just as dangerous indoors.
CTV News Channel: James Morton, lawyer
A criminal lawyer says sex trade workers are arguing that while prostitution is legal in Canada, the unconstitutional laws surrounding it put them in danger. He explains how if prostitution is inevitably regulated, it would not necessarily affect Canadians.
CTV News Channel: Laws to be debated in court
A CTV News correspondent, Merella Fernandez, says there is an appeal of the ruling made last year, and explains how sex trade workers say the current laws do not protect them, but rather harm them.

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Dominatrix Terri-Jean Bedford holds a riding crop as she speaks to media outside the Ontario Appeal Court in Toronto on Monday, June 13, 2011. (Nathan Denette / THE CANADIAN PRESS) Ontario's Appeal Court is set to rule on the constitutionality of anti-prostitution laws, Monday, June 13, 2011. Prostitution A file image of a street prostitute.

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Dominatrix Terri-Jean Bedford holds a riding crop as she speaks to media outside the Ontario Appeal Court in Toronto on Monday, June 13, 2011. (Nathan Denette / THE CANADIAN PRESS)

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Date: Mon. Jun. 13 2011 6:14 PM ET

Ontario's Appeals Court began a week of hearings Monday in a landmark case that will decide if three anti-prostitution laws are constitutional.

A lawyer for the Attorney General of Canada presented arguments for the federal and provincial government's case, contending that the sex trade itself is dangerous to women, not the laws aimed at curbing it.

Ottawa's lawyer, Michael Morris, said that violent pimps and johns are the key safety hazard in the sex trade. He argued that because the act of engaging in the sex trade is not constitutionally protected, there should be no obligation to maximize the safety of prostitutes.

In response, Justice David Doherty said he found it hard to understand "why it's not self-evident that these provisions harm the ability to carry out prostitution safely."

Morris argued that the laws don't contribute to violence against prostitutes but protect them. The violence that a prostitute suffers come from multiple factors, none of which relate directly enough to the laws to justify striking them down, he said.

What the case comes down to is whether or not these laws contribute to harms sex-trade workers face, Morris said.

"This is a violent world (and) the law can't be held responsible for tenuous connections," he said.

The federal and provincial governments are appealing a ruling made last year that struck down laws that prohibited keeping a common bawdy house, communicating for the purposes of prostitution and living on its avails.

Ontario Superior Court justice Susan Himel determined the laws were unconstitutional, saying they force prostitutes to work in unsafe circumstances. That ruling was put on hold to give the federal and provincial governments a chance to appeal.

Groups representing prostitutes say the laws prevent them from working indoors, hiring drivers and bodyguards, and taking time to assess a potential client before agreeing to provide their services.

Sex-trade workers say it would be safer for them to work indoors, hire bodyguards and take the time to talk with a potential client to asses their risk potential.

One of the women who challenged Ontario's anti-prostitution laws is dominatrix Terri-Jean Bedford. Bedford said that the current laws force her to work in unsafe conditions.

"We are here today to gain new laws, civil liberties, human rights, freedom of expression for all Canadians, whether you like it to not," she told reporters outside the courthouse on Monday.

Others, including the Canadian Association of Sexual Assault Centres and the Native Women's Association of Canada, say legalization of prostitution would further victimize vulnerable women. Religious groups argue it will subject society to immoral behaviour, while the governments say prostitution is a "high-risk" activity that no one is obligated to engage in, and no government is obligated to protect.

CTV legal analyst Steven Skurka said the argument hinges on whether current laws violate the Canadian Charter of Rights and Freedoms by forcing sex workers to choose between their liberty and their security.

"There's no question that it's dangerous work," Skurka said on Sunday. "The question is whether these laws create that danger."

The Canadian Civil Liberties Association, sex-work advocacy group Maggie's, the Canadian HIV/AIDS Legal Network and the Christian Legal Fellowship are among 19 groups represented by seven interveners in the case.

Arguments begin on Monday and are scheduled to last the week, held in front of a panel of five justices.

The decision could decriminalize prostitution in Ontario and affect laws across the country by setting the stage for legal challenges in other jurisdictions.

With files from CTV Toronto's Michelle Dube and The Canadian Press.


Comments are now closed for this story

LMG
said
0 0

I hope it becomes legal. I am so sick and tired of John's harassing me every day to and from my office job (in which I dress conservatively for) just because I have to walk through a high-prostitution area and they just assume every female on the way to the subway is a hooker. If they legalize it, they have have establishments and not be on the streets. Not only will their safety increase, but so will women who are not involved in the trade.


Ian Ottawa
said
0 0

So let me get this straight. A woman has control over her choice to have an Abortion at tax payers expense and as her birth control method, yet can't choose to raise her children with proceeds from having sex if she wants? Maybe we should ask Arnold, Tiger, Bill Clinton, Monica L, Belinda Stronach.......?


Emma
said
0 0

My work is legal. I claim all my income and pay my taxes. I get tested regularly because I have self-worth and care about my life, and the safety of my clients. Safe sex is mandatory and non-negotiable.The largest & fastest growing group of HIV infections is among heterosexual women. The reason - their partners who claim to be monogamous are having unprotected sex with women who are, AND who are NOT prostitutes, who are willing to have unprotected sex. Low self-esteem & dangerous behaviour is more common among people who are NOT prostitutes. Most of you have no idea what you are talking about.


jr
said
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Drug laws also make the "career" of drug trafficing unsafe. I don't think that our society should be obligated to legitimize a practice that we abhor in order to keep these people working in a safe environment.This needs to begin with the debate we are all drawn to: Have values surrounding sexuality and sexual practices in our country changed so much as to embrace prostitution? If yes - make it legal. If no, then keep it illegal and allow those who choose to practice it to weigh the consequences.


Hamiltonguy
said
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Prostitution is the world's oldest profession. To think that it will go away if it's illegal is ignorant. Unlike what people say, prostitution in Western countries is not a means for the transmission of HIV and studies have shown that rates among prostitutes are either lower or equal to that of the general population. Furthermore, if it were legalized, you could force prostitutes to take STD and HIV tests frequently thus preventing any transmissions that may occur.And, the tax revenue would be very helpful. It works fine in many European countries, why not here?If ideology is your biggest argument, just think, it happens already in this society so don't pretend it doesn't. Make it safer by legalizing it.


Mark in Wpg
said
0 0

@ everyone trotting out the "think of the children!" argument: if your little girl grows up to become a prostitute you failed as a parent. Legalize, regulate, and tax the industry. Everyone will be better off.


Windex
said
0 0

I don't believe it should be made legal but if they do then I think they also need to be regulated like other industries. For them they should be licensed and have to maintain that license by having health checks. drug tests etc. Take classes in defense and behaviour. Public displays or selling must be done in privacy and not on the streets for us to be subject to it etc.


NoEasy Matter
said
0 0

It's never going away. There will always be enough degenerates to do the work, and enough degenerates to give them business. Accept that as fact. The reason I support legalizing prostitution is because I beleive it would help slow-down the spread of dieseases. If this ends up being legal, let's just hope they create legislation banning these "services" from residential areas. Keep it downtown with the rest of the trash. The other fear is that legalizing it might make it an accpetable form of work for even more people in the long run. Lots to consider here.


anonymous
said
0 0

I think instead of legalizing it, and putting money into creating prostitution as a safe way of working - it would be more feasible to put money into programs to get those women off the street and into a real job. If you actually speak to a prostitute, you will find many of them DON'T want to be on the street. It is just many of them have no support or help from families, and feel stuck in the situation they are in, with pimps, drugs, etc... Many are used to that way of life, and do not know how to get out of it, once they want to. Legalizing it, will not fix anything, and is only going to make a bad situation worse.


Tim
said
0 0

It's only a degrading lifestyle if they're embarrassed by it. Given how many women AND men practice prostitution, and make good money doing it, it makes more sense to give them somewhere safe to do it. As for the 'slippery slope' folks who see this as the end of society's morality (because the voluntary decision to provide sex for money is totally the same as rape and murder) you do realize that slippery slope arguments are logical fallicies, right? If you tried that in a structured debate you'd be laughed at.


zee
said
0 0

nothing positive about prostitution


mariobaron
said
0 0

"The prostitute is not, as feminists claim, the victim of men, but rather their conqueror, an outlaw, who controls the sexual channels between nature and culture"- Camille Paglia


Shaun in Niagara
said
0 0

When will politicians learn the lessons taught by prohibition back in the 30s? Making something such as prostitution illegal only forces it underground - it doesn't make it go away. Someone raised the question - "Would you want your daughter to work as a prostitute?" My answer is no. But that doesn't mean prostitution should be illegal. I also wouldn't want my daughter to be a stripper, a centerfold model or a porn star - but those careers are perfectly legal.


CraigW
said
0 0

I am wondering how many of those who think that prostitution should be legal also believe that prostitution is a good job for a woman? While I agree that everyone should be safe in their work, sometimes getting people into the justice system and/or letting them hit rock bottom is the only way to get them out of such a degrading lifestyle. It would be a shame to rob social workers of the extra tool of the justice system to help these women out.


totaljustice
said
0 0

I don't have a problem with legalizing it, as disgusting as prostitution is, but what I do have a problem with is the possibility that red light districts could start popping up in residential neighborhoods, subjecting families and especially children to the worst parts of this industry. If it's going to be legal there should be legislation to prevent prostitutes from setting up shop in the house next door. Legalize it, sure but keep them well away from my neighborhood.


Rick from SJ
said
0 0

JS your argument is full of holes and skewed with fear mongering.NO parent wants their 'little girl' (what about little boys...o..right) in the sex trade. That's child prostitution.When your little girl is an adult and can make adult choices, she'll choose, NOT you. Get over yourself. You may not like it, but it's her life, her liberty - and when she walks out the door at 17-18, she makes the choice. She should be protected as best as she can.


JS
said
0 0

Anyone who wants to legalize prostitution should decide if they would like their own little girl to grow up to be a prostitute, because if it is good enough for someone else's little girl it should be good enough for their own.I would like to ask those supporting the legalization of prostitution if they would be proud to tell their friends and associates that their adult daughter, or in deed their son, was working as a prostitute. Most people with an adult child in business would send their friends to their child's business. Would a father of a prostitute be sending his friends over to get a sex act from his adult child, saying, "tell her you're my buddy and she'll give you a discount."Somehow I do not think so. If prostitution is not OK for your daughter, or mother or sister, then it is not good enough for anyone's'.


Michael
said
0 0

To those who advocate no enforcement of moral boundaries - we may as well get rid of the police and military because they enforce social morality. Is our society prepared to regress into the social liberals moral black hole? Perhaps some on the left would like to embrace that as a Canadian family value but that is NOT the majority of us.


Robert King
said
0 0

With the Liberals voted down to "irrelevant", and a Conservative Majority.... morality will return to this Country.


Prof. Pye Chartt
said
0 0

The only judicially "correct" decision in this case is the one that recognizes that when the government constructs unduly and illogically prohibitive laws around a LEGAL activity and, ostensibly, renders the safe and secure practice of said LEGAL activity difficult (and, in some cases, impossible), then the government has infringed on the natural rights of those involved in the LEGAL activity. Prostitution stands as a "legal farce" due to the fact that it is explicitly LEGAL but implicitly ILLEGAL. Moreover, the encompassing criminalized aspects of it are prosecuted selectively. If, as a society, we're collectively "against" prostitution and its legalized practice, then we need to come up with a COHERENT criminal strategy. What we currently have is strange, silly, waywardly punitive, and a creator of bigger problems.


GUTSHOT!! in Thunder Bay
said
0 0

We should legalize prostitution because we cant stop it? Does that mean we need to make murder and rape legal also? Yeah, OK. Leave it to liberals to say the stupidiest things. If they want to be safe, then get a real job like the rest of us.


J.C.
said
0 0

If prostitutes feel unsafe in their chosen trade then that is the way it is since they chose that particular trade for the money knowing the risks involved.. There are many other real "jobs" they could do instead. Personally, I think they should all be charged for not declaring most of their illegal income and paying tax on it.


ANONYMOUS
said
0 0

It's seem logical if these women were in an establishment with security that they would be safer. I also personally feel that their wages should be taxed and able to be accessed by the gov. I am a single father with full custody of my child and the mother makes more money as a prostitute than I do in a full time $20 hr job. We have a (lawyer documented) agrement that she pays me a set amount in child support each month but because all of her money is made under the table and in cash the Gov. has no way to recoup the money.


Tom Hanna
said
0 0

If your thinking that legalizing prostitution won't work, take a drive down to Nevada. In some small towns, on I 80, it is the only industry in that town and the locals are quite proud of thier girls and treat them with the upmost respect and grace.


Dwigtht
said
0 0

The government may as well make prostitution legal as it will never be stopped anyway.Have houses where they can work out of, which is much safer then being out on the street.Checked be Dr.(s) on a regular basis, with the cost of the checkups being charged to the owner of the house. Plus make them pay tax like the rest of working people do.This has been done in other countries for years, so why not in Canada?


Intelligent Liberal
said
0 0

I side with the hookers, they are constitutionally entitled to be SAFE in their chosen occupation, and the current law basically preventing them from chatting to a prospective client (for screening) threatens their safety. Further, if allowed to work in a so-called bawdy house, safety is increased even more so. The screeching preachers who say this will allow naked women romping school playgrounds with needles as some kind of gateway sex drug need a reality check, it's the worlds oldest profession.These women deserve a break.


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