June 7, 201412 yr Active Members This past Wednesday Canada's Attorney-General, Peter McKay, announced new legislation to replace the prostitution laws struck down last year by Canada's Supreme Court. The Supreme Court struck down the existing laws set out in the Criminal Code because they exposed prostitutes to violence and danger and therefore violated section of the Charter of Rights and Freedoms -- "security of the person". The Charter is part of Canada's constitution. The ruling party, the Conservative Party of Canada, instead adopted a "made in Canada" approach based on the Nordic model (Sweden and Norway) which criminalizes the purchasing of sex. The legislation that would impose a high penalty on those who buy sex. The law would include punishments of up to five years, or fines of $1,000 to $4,000. Canadian legal organizations have reacted negatively to the proposed legislation saying it will continue to make prostitution dangerous and push it further underground. Prostitute Advocacy groups are very disappointed. They had hoped that the government would have followed the New Zealand model which legalized brothels and prostitution in general. It has been highly successful. The debate on prostitution in Canada has almost exclusively been focused on female prostitutes. Male prostitutes are hardly ever mentioned. The bill will wind its way through Parliament where it will be debated. The major opposition parties (the Liberals and the New Democrats) are calling for the Conservatives to reference the legislation to the Supreme Court for their legal opinion. Canadian legal experts predict that the Supreme Court will find the new legislation unconstitutional. However, the government will probably not ask for the Supreme Court’s opinion. It would rather go through the long and expensive process of going through the many levels of Canada’s judicial system and allow female prostitutes to continue to be exposed to danger. The Canadian government’s goal of eradicating prostitution is just not realistic.
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