Typical Headlines Sweeping Across Canada:
Ontario Court of Appeal greenlights brothels, sweeps aside many of Canada’s anti-prostitution laws
       LEGAL: Hiring drivers, bodyguards and support staff
       ILLEGAL: “Exploitation” of sex workers by pimps
       LEGAL: Working in organized brothels or “bawdy houses”
       ILLEGAL: Openly soliciting customers on the street
       (Outcall has always been legal as in most of the world except the U.S.)
       
3/26/2012 - The Ontario Court of Appeals upheld the extensive ruling of  Superior Court Judge Susan Himel in 2010.   You can legally offer sexual services from your own bedroom, without being charged for running or occupying a “common bawdy-house”.  With one stroke of a judicial pen, sex workers can soon legally offer their services from their home, an option that was otherwise unavailable to them. Without this change in the law, sex workers could previously only meet their “dates” in a hotel or a client’s home.

The crime of keeping or occupying a common bawdy-house was legislated in the 1800's to combat neighborhood disruption or disorder and safeguard public health and safety, however, the Court today ruled that the safety of working girls is more important than maintaining a quiet neighborhood, recognizing the extreme risks of harm that befall street sex trade workers.

The Court also held that the law against “living off the avails of prostitution”, while intended to target pimps, was inadvertently outlawing reasonable services required by prostitutes including drivers, spotters, and bodyguards. Thus, the Court inserted language into the Criminal Code that only bars commercial relationships between prostitutes and their service providers where the relationship is conducted “in circumstances of exploitation”.

The fight however may not be over.  Prime Minister Harper (much like Christian values, conservative Bush) is on record as saying that prostitution is "bad for society, harmful to communities, women and vulnerable persons.”        

The Appeals Court reversed Judge Himel related to street or public place solicitation of prostitution by letting the public place solicitation law stand.  Solicitation by phone, ads etc has always been legal since not in a "public PLACE" such as streets, bars, common areas of hotels etc.   The court said concerns about the nuisance created by street prostitution are real, having a “profound impact on the members of the surrounding community.” So it upheld the ban on in public soliciting for the purposes of selling sex.

The Appeals Court considered 25,000 pages of testimony in 88 volumes and nine-months of consideration.  The Court had 5 judges. Three formed the majority opinion but the two dissenting judges (MacPherson and Cronk) would have ALSO struck down the public communication law saying, "the communicating provision chokes off self-protection options for prostitutes who are already at enormous risk.” (in other words being able to ask questions, talk to a client on the street about sexual services).  So the decision that incall/bawdy houses being constitutionally protected was unanimous!!

The National Post reports: The thorny issue transcended traditional ideological divides, with conservative religious groups finding strange allies in feminist activists in their support of retaining the prostitution restrictions.  Paramount to the case was that the laws endangered sex workers, a violation of the Charter protection to “life, liberty and security of the person.”   “On the facts as found, the added risk to prostitutes takes the form of an increased risk of serious physical harm or perhaps even worse. Any real increase in that kind of risk must impair the security of the person,” the majority ruling said.
http://news.nationalpost.com/2012/03/26/ontario-court-of-appeal-greenlights-brothels-sweeps-aside-many-of-canadas-anti-prostitution-laws/

"The Crown" led by Harper however will probably appeal to the Supreme Court of Canada the ruling of the Court of Appeals which upheld the Ontario Court of Himel making incalls (bawdy houses) legal.  The Crown has 60 days to appeal to the Canadian Supreme Court.

The 176 page ruling by Judge Himel in 2010 as well as the Appeals Court  could be very helpful if a U.S. case is brought. As I have previously discussed in huge detail, the Himel Court totally rejected briefs by U.S. anti sex advocates totally discrediting them.  The long Himel opinion should be required reading for any U.S. judge - common sense - practical - especially safety issues for making incalls legal which now the Ontario Court of Appeals has upheld.

I especially liked Judge Himel's dismissal of U.S. anti-sexwork zealots. Himel specifically dismissed the testimony of "our" Melissa Farley. Justice Himel says, "Although Dr. Farley has conducted a great deal of research on prostitution, her advocacy appears to have permeated her opinions. For example, Dr. Farley’s unqualified assertion in her affidavit that prostitution is inherently violent appears to contradict her own findings that prostitutes who work from indoor locations generally experience less violence ... Dr. Farley’s choice of language is at times inflammatory and detracts from her conclusions. ... Accordingly, for these reasons, I assign less weight to Dr. Farley’s evidence. Similarly, I find that Drs. Raymond and Poulin were more like advocates than experts offering independent opinions to the court. At times, they made bold, sweeping statements that were not reflected in their research."

U.S. Constitution vs Canadian Charter of Rights and Freedoms
The U.S. Supreme Court is divided along Conservative/Liberal lines dramatically demonstrated in the Lawrence vs Texas 5-4 decision where the majority ruled morality is not a basis of law and police/govt has no business in citizens private bedroom for in private consenting adults.  Today's court is different and a similar case, or involving prostitution could go either way with the Bush appointments probably against the right of privacy.

The Canadian Charter is based on protections of the life, liberty and security of a person and is often more liberal than the U.S. Constitution.   Republican/Conservative view the Constitution as a "dead" document with only rights that were imagined and included 200+ years ago.  Democratic/Liberal view it as more a "living" document where changes in society and new modern issues may have protections - as is the Canadian Charter of Rights and Freedoms.

However,  The Appeals court suspended the declaration of invalidity for 12 months to give Parliament an opportunity to redraft legislation that does not violate the Canadian Charter of Rights and Freedoms.  This could result in a terrible Nevada like situation where the State is the pimp, and the women are not in charge of their own bodies and business, resulting in very high customer fees negotiated with teaching workers how to seduce for the highest fee possible, and huge profits to the brothels.  Hopefully individual worker freedoms will prevail over the terrible Nevada requirements.

Incalls Already Common - No huge change anticipated
AP - Alan Young, the lawyer for the women, called the decision a win for sex trade workers and society.  “Canadian society will not collapse or even flinch under the weight of this decision,” Young said. “Eighty percent have moved indoors. The movement has already occurred, and now the law is following afterward.”  “It has not created a large infrastructure and business enterprise for the sex trade, but what it has done is that it’s opened up the law enough so that people who choose to enter the sex trade, which is a legal choice, will now be able to avail themselves of certain types of safety measures.

Brenda Cossman, a University of Toronto law professor, said Monday’s ruling is not going to lead to an explosion of brothels in the province.  “There are thousands of workers who practice sex work out of their homes, out of establishments that they've rented where they work with one or two other women, are we going to now see brothels springing up in everyone’s neighborhood? No, because frankly they ’re already there and you just didn't know about it. All this law does is make what those women do legal now and allow them to practice in an environment that will be safer.”

Julie Grant, the executive at large of the Sex Professionals of Canada, agreed that the ruling will not be a huge change for the industry.  “Bawdy houses have been operational for as long as the industry has existed, they've just been somewhat invisible, existing as adult massage parlors and with women operating out of their homes or in hotels as escorts. We’re not all of a sudden going to become the Wild West with brothels filled with women and beer bottles in saloons popping up everywhere,” said Grant. “Canadians have always been discreet with the way the sex industry operates and this will continue.”

Incalls still banned in non Ontario Provinces
CBC News 3/26/12 reports Convicted madam "Sinful Syndee" still faces her sentence of 3 years probation and a $2000 fine. had opened the brothel as a safer venue for sex workers. "She had set up this brothel so that she could get girls who were working — and/or guys — off of the street and into a safe setting where she was screening the clientele," Roitenberg (her attorney)  told CBC News.

Various reports of different reactions in cities across Canada.  The legal status will not be clear until the Supreme Court rules assuming the Crown files an appeal as expected. But we now have two Courts ruling that incalls are legal in Canada - outcall always has been legal.

Hopefully not like Greece Restrictions for unneeded frequent medical exams
Prostitution is legal, but each sex worker must be registered with the authorities, only work if they’re over age 21 and have health checks every two weeks. Prostitutes can be fined if they are caught working with a medical card that isn’t up to date, Ms. Cossman said. “The legitimate government objective would be to control the spread of sexually transmitted diseases, but it’s a pretty heavily interventionist form of regulation,” she said.

No major health issues in Germany where have huge legal brothels and street prostitution in certain areas of cities. Brothels are considered normal businesses.  Or in French brothels, or Britain, Wales and Northern Ireland where no street legal. Or Netherlands where all is legal. No health exams required and no big medical issues of concern. Nor medical issue in Sweden, Norway or Iceland where legal to sell sex (but not buy which is rarely enforced unless exploitation.)

But this ruling does not in change anything about the legal situation South of the border.

In the briefs in Canada there is lots of stuff for a similar attack in the U.S. based on Lawrence vs Texas but most in the U.S. don't fight just take plea deals since a real defense would be very expensive with unknown out come.

But doing felony plea deals if two or more gals vs indie is about all that is happening especially in Phoenix with all the busts.