Supreme Court of Canada ruling on prostitution

[Cato 160314]

An interesting decision by the Supreme Court.

What do you think?

 

http://news.sympatico.ctvnews.ca/home/scc_sex_workers_have_right_to_challenge_prostitution_laws/bb85e275

[AlannaJohnson 3926]

This is awesome news!

 

I wonder though: will the BC sex rights group re-start their legal challenge now, or... will they wait until they see the outcome of the Ontario case?

 

Does anybody know what the plan is?

 

In any case, I'm glad the Supreme Court showed some sanity on this issue :)

[Capital Hunter 18263]

In my likely minority view I think that challenging any prostitution law in Canada at the time of a Tory majority is very risky as if they face a challenge from SCC then they may use their majority to impose (to push through parliament as they have done so in the past in other cases) a much tougher prostitution law the one in which prostitution may become illegal and those buying sex put in jail for up to a year and/or facing heavy fines (The so called Nordic model) which will likely bring the industry to its knees, at least initially.

[backrubman 64800]

... a much tougher prostitution law the one in which prostitution may become illegal and those buying sex put in jail for up to a year and/or facing heavy fines (The so called Nordic model) which will likely bring the industry to its knees, at least initially.

 

Well we have never criminalized prostitution (ever) before in Canada and such a backwards step would be met with much resistance on many fronts.

 

Fortunately I don't see this as a possible outcome. Many of the members of Parliament that would have to pass such legislation are clients too :)

[Capital Hunter 18263]

Well we have never criminalized prostitution (ever) before in Canada and such a backwards step would be met with much resistance on many fronts.

 

Neither did Sweden (prior to 1999) or Norway (both countries having the most liberal societies) or many countries who followed or are following them......Resistance in the face of a dictatorial majority government may not mean much no matter how strong. I am saying that if they face with having to legalize brothels they may rather impose an unpopular law. I hope I am wrong. They have passed many unpopular things so far past 18 months (like the budget cuts, the OAS pension reform, and many others .....) and they are still running at 34%!!!!. Go figure!!!!!!.

[DukeSSk 3430]

Well we have never criminalized prostitution (ever) before in Canada and such a backwards step would be met with much resistance on many fronts.

 

Fortunately I don't see this as a possible outcome. Many of the members of Parliament that would have to pass such legislation are clients too :)

 

Agreed, the resistance would stem from the separation and independence of the judciary (court system) from the legislative/executive power (government), a pillar of Western democracy.

[Phaedrus 209521]

In my likely minority view I think that challenging any prostitution law in Canada at the time of a Tory majority (especially this secretive corrupt undemocratic radical conservative majority) is very risky

 

This sort of thing is probably irrelevant :)

 

A week is a long time in politics, or so they say... and the length of time that it takes a legal challenge to go through the various levels of the court system to the point where the government of the day would have to actually do something in Parliament is an eternity. It's very likely that the government that was in power when such a case was launched would be long gone by the time the Supreme Court ruled on it, so trying to time your case "correctly" would be a fool's game.

 

Also, bear in mind that the current government, whoever that may be, is more-or-less obliged to defend current law when it's challenged; they don't get to pick and choose which laws to bother with. If they think the current law is that bad... well, they're the government, and they can change it.

[Capital Hunter 18263]

Not sure what you mean by taking it until eternity?. I believe that SCC will likely rule on the Ontario case next year likely making brothels in Ontario legal, when the conservative majority is well in place. I wasn't referring to a new challenge that may be launched but the one already ruled by Ontario Superior Court.

 

No they don't get to pick and choose the law but they can change it and they can do so easily when they have an elected majority claiming that they were elected to make hard or right choices as they have done so in the past.

 

Agreed, the resistance would stem from the separation and independence of the judciary (court system) from the legislative/executive power (government), a pillar of Western democracy.

 

I don't think that court system has the power to overrule the law passed by legislative power (until it is successfully challenged which takes many years from the time it is passed by parliament) when it comes to imposing sentences for the charged. Otherwise it would be Eastern undemocracy rather than Western democracy in which the unelected body (the judciary, courts) can overrule the law passed by the elected members/government!!.

 

If you mean the new law could be challenged by citizens in courts and finally ruled by SCC, yes but as someone pointed out it will take many years (after it is passed by parliament) for that to happen, if ever.