Legal Corner

Defects in the law may get it struck down again
Rudy50 15 Reviews 488 reads
posted

Here's a link on the new legislation currently proposed:
http://www.theglobeandmail.com/news/politics/prostitution-bill-explainer/article19610318/

It looks like the Conservatives in the legislature are trying to ban prostitution in Canada without prosecuting individual sex workers.  The law would criminalize advertisers like newspapers or websites and people who try to obtain sexual services for consideration (the customers).  

So, website operators with servers in Canada might be at risk.  

If this goes through it might be significantly more dangerous for hobbyists to play in Canada, perhaps on a par with the current state of affairs in the U.S. The only difference I can see would be less leverage LE could apply on the individual providers.

will it be passed? will it not be passed? curious on thoughts about this

Last item in the news report linked below is that the existing laws expire in December 2014 and the current government has pledged to pass the new legislation (Bill C-36).  

The bill can still be changed in committee before it goes back to the House of Commons; but it's already on a fast track process in that committee -- that's worrisome to me since fast tracks can be used to run roughshod over any meaningful discussion or debate.  I feel it's equivalent to shouting in an argument; win by shutting up anyone who opposes you.

What's strange is a sex worker can legally advertise services and profit from them, but the buyer's actions become criminalized.  Left hand, right hand (no pun intended) aware of each other?  The section on benefiting financially from the known sale of sex services will be interesting if a sex worker declares her occupation and pays taxes, then files suit against the Canada Revenue Agency for violating the law!

Other language like the weapons changes could criminalize wearing a belt or long socks or stockings if they could be "intended for use in tying up a person against their will".  Note that it doesn't have to occur, you just have to have the items with you.  That's free rein for a prosecutor to pile on charges if they feel like it; and prosecutors have been known to do so to scare someone into taking a plea bargain to a lesser charge even though the evidence would likely have been insufficient for a conviction

Here's a link on the new legislation currently proposed:
http://www.theglobeandmail.com/news/politics/prostitution-bill-explainer/article19610318/

It looks like the Conservatives in the legislature are trying to ban prostitution in Canada without prosecuting individual sex workers.  The law would criminalize advertisers like newspapers or websites and people who try to obtain sexual services for consideration (the customers).  

So, website operators with servers in Canada might be at risk.  

If this goes through it might be significantly more dangerous for hobbyists to play in Canada, perhaps on a par with the current state of affairs in the U.S. The only difference I can see would be less leverage LE could apply on the individual providers.

That's a good question!  p411 could move their offices to a friendlier country.  Maybe there will be a constitutional challenge and get the new law booted.  Think positive.

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