SPOC's Constitutional Challenge - Decision on Tuesday, Sept 28th

[Nikki Thomas 23145]

Hi all, I'm an executive member of SPOC (Sex Professionals Of Canada), and tomorrow afternoon, we're finally receiving the decision from Justice Susan Himel of the Ontario Superior Court. We will receive the decision by fax, starting at 1pm, and we've called a press conference for 2:30 pm, to be held at the 519 Community Centre in Toronto. I'll be in attendance, along with Valerie Scott and Terri-Jean Bedford (two of the appellants in the case) along with Alan Young and the rest of our legal team.

 

We'll be updating our website as soon as we've gone over the decision, but we've also decided to get the word out a bit earlier than that. I'll be updating my Twitter feed (@NikkiSPOC) with all the details, as soon as we've gone over the decision, and hopefully, just before our 2:30 press release.

 

For too long, sex workers have been excluded from public policy debates regarding the criminalization of sex work in Canada, and this is one way that we can control the conversation. In the past, we were subject to the whims of the mass media, who would print only what they wanted to print. Now, thanks to new technologies and the power of the internet, we finally have a way of placing ourselves at the forefront of the discussion.

 

So please, if you care about the safety and well-being of sex workers in Canada, I encourage you to follow (and if possible, reTweet) my posts tomorrow, and get the word out to all your followers. We have a unique opportunity to control the discussion in the public sphere, so let's make the most of it and make our voices heard!

[rileydaniels 1901]

Can people attend the press conference at 519 ? I would love to be there.

[Nikki Thomas 23145]

Can people attend the press conference at 519 ? I would love to be there.

 

Hmm, I'm actually not sure... I know that space is limited due to the high amount of media who will be there, and security will be tight (we've all received death threats within the last year, as scary as that sounds) so I really don't know. I'll try to post an update as soon as I find out.

 

Regardless, even if you're not able to be there in person, I know you'll be there in spirit - thanks for the support! :)

[E.D. man 691]

I hope u win

[Nikki Thomas 23145]

Well, the big day is finally here... we have no idea how things are going to go, but we've got our hopes and heads held high!

 

I've changed my Twitter name to @NikkiSPOC, please adjust your searches accordingly, and thanks to everyone who's willing to reTweet my posts... let's take control over our own destiny, and ensure participation in the public debate!

 

Additional Comments:

We won!!! Ontario Superior Court strikes down all three laws (Sec 210, 212, 213) criminalizing sex work!!!

[Lou 9208]

Nikki,

just a world to let you know all in Toronto that I am here in Montreal with a bunch of SP friends and activists and we are so happy, crying out of hapiness!!!

Bravo to all of you who had the courage to fight the laws in Court, it is not easy, it takes time, determination, courage, wow! Sincerly, thank you:):)

 

Lou and many many others

xoxoxoxoxoxo

[theliquor (Lost but not fo 50595]

Great news Nikki

Congratulations to all who worked so hard to get this changed!!!:bowdown:

[waterrat 1261]

This is great news for all sex workers and their clients. The Crown will probably appeal but the reports on the reasons show that it is a very considered decision. The reference to the evils of the current law (Robert Pickford's victims) will make it hard for any judges at the Court of Appeal to overturn it. A Prime Minister who showed true moral leadership would stand up in the House and announce his intention to repeal the sections of the CCC in question.

[Guest W***ledi*Time]

SPOC's statement as published on their website:

 

http://www.spoc.ca/

 

From: Sex Professionals of Canada

 

Re: Ontario Superior Court decision

Tuesday, September 28, 2010

 

Sex Professionals of Canada is delighted by Justice Susan Himel?s decision to acknowledge our right to legally practice our chosen profession. This important victory gives us hope that sex work will one day be fully regarded as the legitimate occupation it is.

 

The invalidation of Section 210 of the Criminal Code, which prohibits bawdy houses, will mean that we can ensure our safety by working together indoors. We can now report abuses of anyone in our occupation to the appropriate authorities, without fear of arrest. Ontario sex workers will no longer be vulnerable to eviction or arrest on our business premises.

 

The invalidation of Section 212 (1j) of the Criminal Code, that prohibits living wholly or in part on the avails of prostitution was developed to protect us from ?pimps?. In practice, it makes us and our live-in partners, and even elderly parents we support, susceptible to being charged, and serving up to ten years in jail. The invalidation of Section 212 (1j), will allow our families to finally stop fearing arrest. Our employees, such as receptionists, drivers, etc. will no longer fear criminal prosecution. Section 212 (1j) has stigmatized and punished us and denied that our work is a form of gainful employment for too long.

 

The invalidation of Section 213 (1c) of the Criminal Code prohibited ?communication for the purposes of prostitution?, that means soliciting clients in any public place, including the use of cell phones, the Internet, hotel lobbies, bars, and even rooms with an open door or window. We are liable to being arrested for stopping or even attempting in any manner to stop a person or motor vehicle. Subject to the communication law, we are forced to limit our negotiating time with clients, preventing us from having enough time to determine if the client is trustworthy or potentially dangerous.

 

All over Canada, sex workers are calling for an end to criminalization. We have developed workable plans to increase the safety of ALL community members.

 

Our plans are detailed and could be developed to fit communities from coast to coast. We believe in having a process in place to combat youth exploitation and human trafficking, specialized policing services, sex consumer education, municipal bylaw revisions and a system of professional accreditation to ensure all workers are given access to resources and help should we need it. The tools to make safe decisions about our occupation will help combat exploitation in the sex industry, while respecting the choices of adult sex workers.

 

Inclusion is key. Consensual adult sex workers must be included in decisions that will affect our occupation. Business owners and residents must be heard also. The only way this will truly work is if all people?s concerns and experiences are respected.

 

Our opposition?s strategy is to eliminate prostitution, including all consensual adult prostitution. This is unrealistic and unworkable. We do not wish to be further criminalized and driven underground by anti-sex work policies.

 

Under the guise of saving youth and trafficking victims, our opposition is willing to compromise the human rights of thousands of adult consensual sex workers. Compromising the rights of one group to ?save? another is prohibited by the International Declaration of Human Rights, which explicitly states that no part of the declaration may be used to justify the removal of an individual?s rights and SPOC questions the motives of any person willing to harm a woman to save a woman.

 

It is time to put the voices of sex workers at the forefront. It is time to move away from punishment, toward protection.

 

We do not need to inherit other nations? mistakes. We will be working diligently to develop a Canadian model.

 

We would like to thank Justice Susan Himel, the legal team, all our witnesses, Alan Young , Ron Marzel, and Stacy Nichols.

 

We would also like to thank Terri Jean Bedford, Amy Lebovitch, Valerie Scott and all the fine sex workers in Canada who have been working towards this victory.

 

We will be keeping you posted as more information comes in.

 

Sex Professionals of Canada (SPOC)

 

With special thanks to the British Columbia Coalition of Experiential Communities. (BCCEC)

 

 

CTV news report:

 

http://ottawa.ctv.ca/servlet/an/local/CTVNews/20100928/ontario-anti-prostitution-laws-struck-down-100928/20100928/?hub=OttawaHome

An Ontario court has struck down several key provisions in Canada's anti-prostitution laws, saying they are dangerous to sex-trade workers.

 

A ruling by the Ontario's Superior Court of Justice said the laws against keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade "are not in accord with the principles of fundamental justice."

 

"These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms," Justice Susan Himel wrote her in 131-page decision which struck down those provisions.

 

"I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."

 

Dominatrix Terri-Jean Bedford and two other sex-trade workers went to Ontario's Superior Court of Justice to ask the court to rule on the Criminal Code laws relating to prostitution.

 

In an afternoon press conference Bedford said Tuesday was like emancipation day for sex-trade workers.

 

She said it is now up to Prime Minister Stephen Harper to deal with the situation.

 

In her ruling, Himel said Parliament had to "fashion corrective action" to put new laws in place.

 

"It is my view that in the meantime these unconstitutional provisions should be of no force and effect, particularly given the seriousness of the charter violations," Himel wrote.

 

"However, I also recognize that a consequence of this decision may be that unlicensed brothels may be operated, and in a way that may not be in the public interest."

 

The government argued removing the prohibitions without replacing them with new laws would "pose a danger to the public."

 

The decision is subjected to a 30-day stay and the federal government can seek an extension of that period.

[mod 135639]

Interesting quotes:

"It is my view that in the meantime these unconstitutional provisions should be of no force and effect, particularly given the seriousness of the charter violations" (Himel - Judge).

 

 

 

"However, I also recognize that a consequence of this decision may be that unlicensed brothels may be operated, and in a way that may not be in the public interest." (Himel - Judge).

 

 

 

What I am happy for...

Safety of the ladies (and all prostitutes) and making this profession a lot more legitimate!! This is a win for your rights and I am proud of the judge for having the courage to make such a huge decision and to point out how HUGE of a violation it is to our charter of rights ... and of course I am very proud of all the people involved in trying to make it better for everyone! Your intentions and heart are most certainly in the right place.

 

 

 

At least for the moment things are looking positive!

 

 

 

It's not over by a LONG SHOT .... and I really do fear the politicians federally and locally will cause major problems in the months and years to come.

 

 

What I am afraid of is...

New laws written and influenced by our conservative government

 

 

...and decriminalization in full (I would be shocked it this was allowed to happen but it is possible) this would allow municipalities to write by-laws and as proven in Windsor, Calgary, Winnipeg and even places like Barrie ontario.. these by-laws are created for the WRONG reasons and are MORAL based by-laws (Something the cities are NOT suppose to do). I have had city bylaw meetings when I worked in the stripclub industry where they passed moral bylaws making it impossible to open stripclubs in a town as they made the criteria so outrageous no piece of property in town was within the guidelines to operate such a place.

 

 

 

The cities don't care as very few people ever take the cities to court for bylaw licenses. At this time the cities can not legally license prostitution... but with new laws or decriminalization that could all change.

 

 

Right now they are used in places such as Winnipeg and Calgary to let the police control prostitution now (Illegally so) as they license the word "ESCORT" (We all use that) but they define it as a "Paid Date" and has nothing to do with "Sex" or "Prostitution" so if your caught advertising using the word "Escort" or you agree to see someone without any acts of "Sex" you are breaking the by-law and subject to a ridiculous fine! They use this to harass the ladies unlawfully and because it's a city bylaw they get away with it.

 

 

 

My question is (and has always been)... Who is going to protect the ladies (and other prostitutes) from cities like this if the industry is decriminalized? No one has every been able to give me a good answer to this and I fear the worst.

[mod 135639]

If anyone knows where we can see all 131 pages of this decision I would love to read it. Please send link if anyone puts this online.

[VedaSloan 119179]

I am honestly so happy and excited and literally freaking out. I can't even think properly right now. I just heard, so I'm practically in tears just out of sheer joy.

[Capital Hunter 18263]

This is great news for sex workers and hobbyist alike. Congratulations everyone:). Just a couple of weeks ago a conservative MP was talking about making it illegal to buy sex. This decision is a slap in the face for all those religious conservative ultra right morans who want to impose their moral standards and beliefs upon others and the whole nation lol.

[Guest W***ledi*Time]

OTTAWA, ONTARIO--(Marketwire - Sept. 28, 2010) - The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, made the following statement today following the Ontario Superior Court's decision on the Bedford Prostitution Challenge.

 

"The Government is very concerned about the Superior Court's decision and is seriously considering an appeal. The decision was stayed for 30 days.

 

The Government of Canada is committed to the health and safety of all Canadians and the well-being of our communities. We will fight to ensure that the criminal law continues to address the significant harms that flow from prostitution to both communities and the prostitutes themselves, along with other vulnerable persons."

[VedaSloan 119179]

Of course theyr'e going to appeal the ruling.

 

But fuck it, I'm celebrating because right now, we FUCKING WON and it is completely unprecedented in Canada and a huge move in the right direction.

[Guest e**m***h]

Unless someone who has been issued the decision scans and posts it right away, it will be posted here http://www.canlii.org/en/on/onsc/ Just look under "Recent Decisions". Who knows, maybe they will have it up tomorrow.

[Nikki Thomas 23145]

Hey all, I'm bouncing between interviews right now but I thought I'd stop in with a few details:

 

- The judgment included a 30-day stay during which the laws still apply. So technically, the laws are still on the books. We expect the Crown is already preparing their appeal (as Justice Himel expected as well, which is why she included the stay in the first place).

 

- We fully expect municipalities to engage in dialogue towards regulation and legalization. SPOC, along with other sex workers' rights groups across the country, are already planning to meet with our municipal representatives to ensure participation in the discussion.

 

- During these discussions, we intend to endorse the New Zealand model of decriminalization, which has been very effective in both improving the safety and working conditions of sex workers, and eliminating human trafficking for the purpose of sexual exploitation.

 

- There's going to be a lot more about this in the coming days, but if you'd like more information, www.spoc.ca is the best place to find it. We'll be posting a link the the text of the decision as soon as we're able. :)

 

Additional Comments:

Here's a link to the text of the decision:

http://www.uc.utoronto.ca/content/blogcategory/80/2666/

[Guest W***ledi*Time]

.... Additional Comments:

Here's a link to the text of the decision:

http://www.uc.utoronto.ca/content/blogcategory/80/2666/

 

.... and thanks to Nikki for the link to a copy of the decision!!

[Lou 9208]

Here it is, on CBC, right of the article you will find the link for the PDF.

 

http://www.cbc.ca/canada/story/2010/09/28/prostitution-law028.html

[mod 135639]

Thank you for the link. That was a lengthy read and I think I need some time to digest it all. Going to be pretty hard for anyone to argue the judges findings and decision. Watching the news was rather interesting tonight as well.

 

You tube clip from the US (Nice to see stuff like this too)

[Lou 9208]

Of course theyr'e going to appeal the ruling.

 

But fuck it, I'm celebrating because right now, we FUCKING WON and it is completely unprecedented in Canada and a huge move in the right direction.

 

 

Yes Berlin, that is also how we feel here in Montreal. Some of the women I have been celebrating with have been fighting for sex workers right for almost 2 decades. They have seen and heard it all: from being called dirty whores in the papers to sperm container in feminist meetings, reading that judgment coming from a woman of authority was the best gift we could have. We are overwhelmed, the judgment is GREAT. Of course we know how law works, we are not stupid, we know it is not over, that there will probably be 2 more trials, then rewrite the laws, bylwas, etc... but please, let us have our fun now, we deserve it.

 

More Champagne please!

Thank you:)

 

Lou

[Guest S***e]

Even this old cynic is hopeful that this will make for progressive winds of change. A toast!

[Guest W***ledi*Time]

Brian Lilley reports for the Toronto Sun, 29 Sept 2010:

 

http://www.torontosun.com/news/canada/2010/09/29/15522376.html

OTTAWA — The federal government will appeal an Ontario court decision that has cleared the way for legal brothels across Canada, the justice minister says.

 

On Tuesday, Justice Susan Himel of the Ontario Superior Court struck down laws forbidding brothels, communicating for the purposes of prostitution, and living on the avails of prostitution.

 

“Prostitution is a problem that harms individuals and it harms communities and this is why I am pleased to indicate to the House that the government will appeal and will seek a stay on that decision,” Justice Minister Rob Nicholson told the Commons on Wednesday.

 

While the government is clear in saying they oppose this ruling, opposition parties are treading carefully.

 

“People who practise prostitution, they are citizens, and they have rights,”

Liberal Leader Michael Ignatieff

said. “But there’s also the communities where prostitution happens and they too have rights.”

 

Bloc Leader Gilles Duceppe

called for a serious debate on the issue.

 

“There is an important split in our society,” Duceppe said. “In the Netherlands, you've got bordellos, legal bordellos, but that didn't stop illegal prostitution.”

 

NDP Leader Jack Layton

joined Duceppe in calling for more debate “on how we can ensure that women are better protected who find themselves involved in prostitution and as sex workers.”

 

He also said any changes that are made need to keep organized crime out of the picture.

The Canadian Press reports:

 

http://www.thestar.com/article/867921--ottawa-to-appeal-prostitution-ruling

Ontario Attorney General Chris Bentley

quickly followed suit, saying the province will join in the appeal to the province’s top court.

 

Bentley said the laws “protect people from being lured or coerced into prostitution, they protect people from being under domination of those who would prey, and they protect communities from the adverse effects of prostitution-related activities.”

 

[....] The governments will request that the appeal court stay the judge’s decision and allow the current prostitution laws to remain in effect until an appeal can be heard.

 

Nicholson’s announcement came shortly after

Ontario Premier Dalton McGuinty

urged the federal government to file an appeal.

 

McGuinty said the ruling “proposes some profound changes to the laws that have been on the books here for decades, and we look forward to supporting the federal government in that appeal.”

 

 

 

Additional Comments:

Electronic Text of the Decision

 

I see he text of the decision is now available in Electronic Text (as opposed to images of the pages):

 

http://www.canlii.org/en/on/onsc/doc/2010/2010onsc4264/2010onsc4264.html