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Tomorrow the appeal of the decision that struck down some law relating to prostitution is being heard by the Court of Appeal for Ontario. The argument will take a week and the decision is likely months away.
One point to remember is that prostitution is legal in Canada. Many things related to prostitution are not.
The essence of the decision under appeal seems to be, since prostitution is legal, government laws making prostitution dangerous violate constitutional protections of security of the person.
There's a certain attractiveness to the argument. But, of course, the unspoken thesis is that, since prostitution is not illegal, there is a right to engage in prostitution. Legal trades must not have safety put in doubt by governmental regulation. Put otherwise, there are economic entitlements protected by the constitution.
My sense is the appeal will be allowed -- but if it is not the Federal Government will (after a further appeal) have to decide if it will ban prostitution entirely or if it will accept openly regulated prostitution in Canada.
3 comments:
So if it is to be regulated will we see all prostitutes charged with tax evasion? (No prostitute will declare all income earned on a tax return.)
Only the blindly ignorant would believe that prostitution can be made or is now safe. We all know that there are "high end" services that can make a woman wealthy but the bulk of "workers" are drug addicts or are too vulnerable to protect themselves (or their clients) from disease and abuse. Many of them are underage to boot.
The whole discussion may be interesting to lawyers or legal junkies but it matters not a flting fig what the courts do. Prostitution will remain a very seedy business either way.
I hope legal experts do not argue that they are trying to protect women. Some will and earn a good buck doing so.
It is quite shocking that prostitution should be legalized. There might be some positive side regarding that trade but we should all know that there are plenty of complications being in that business. There is no doubt that money is important but your health should come first.
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