Thursday, March 22, 2012

Prostitution case Monday: who should decide social policy?

Whether the ancillary offences related to prostitution should be legalized is not really the issue.

The question is who should decide these matters.

We have a panel of truly brilliant legal minds considering social policy. The Court's training and strength doesn't rest on such matters. What words in a regulation mean is for judges -- not whether the regulation itself is a good idea.

Now, my sense is the Court will allow the appeal and uphold the prostitution laws on the basis there is no right to conduct any specific business and that includes prostitution (and plumbing and ditch digging).

But more important is the fact, and it is a fact, that our elected officials who should be deciding social issues duck the big ones and leave em to the Courts. Gay marriage, abortion, Sunday shopping and now prostitution are all hot button issues; abdicating them to judges is politically wise but not good for society.

It's time to have Parliament and legislatures make these decisions -- that's why we have them.

5 comments:

Anonymous said...

Prostitution should be legal plain and simple. It’s a known fact that over 90% of the women who do it are doing it to support their children cause their children’s father walked out on them. It’s also a known fact that the women are supporting their post secondary often work the streets to make money for their tuition because the government wont support them.

These women are often studying nursing, medicine, law and education just to name a few.
If the government regulated professional prostitution then it would be safe and secure for the women who work it. Unfortunately we have this right wings government of harper who is slowing mandating his hidden agenda of right winged suppression on our society by eliminating our rights and freedoms.

A women has right to pursue any occupation she so wishes.

James C Morton said...

My point isn't the legalization but rather who is to decide the issue. Right or wrong we should have legislators making the decision!

Anonymous said...

It is a known fact that the first posting is a load of bull; 90% bull anyways.


The arguement that prostitution should be legal is open for discussion. However, most prostitutes are drug addicts. There choice is to whore themselves or steal stuff, resort to muggings etc.

If you want to blame gov't blame the lack of money in healthcare to truely deal with the scourge known as drug addiction. It is a mess that I don't think any gov't can deal with.

Nice try though...

Okie said...

Good post and right on the money.

By transferring their responsibility to the courts, the politicos also reserve the ability to criticize the outcome. Being cowardly seems to be the main theme.

The Rat said...

"...no right to conduct any specific business and that includes prostitution (and plumbing and ditch digging)."

Ok, but if that profession is legal, would it be acceptable to regulate it in such a way as to make it more dangerous? If we told electricians they could only work while the wiring is hot because pulling the breakers inconveniences people, well, would that be legal under the constitution and the right to security of the person? Or would we simply tell people it's their choice if they want to be electricians?