Prostitution in Canada

[McCulloch]

While prostitution itself is not illegal in Canada, almost everything associated with it is, a situation that one judge of the Supreme Court of Canada once acknowledged as bizarre. It is illegal to solicit for the purposes of prostitution. It is illegal to ask for pay for sex or to offer to pay for sex. It is also illegal to live off the avails, so third party to the sex transaction cannot be legally paid. It is also illegal to run a common bawdy house, thus it is against the law to have a place where prostitution is the business.

These laws are now being challenged in court. The argument is that prohibitions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade force sex workers from the safety of their homes to the insecurity of the street, where they are exposed to physical and psychological violence.

Questions for debate: How should the courts rule? Should the legislation be struck down? If our government wants to make prostitution illegal, shouldn't they just make it illegal? Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

[VermilionUK]

I myself am not a "fan" of prostitution, so to speak. However, for many it is their only possible sources of income - and who are we to say "no, you can't earn money because we don't like your job"?

Yes, it can be/ is exploitation - however, i've seen numerous cases of women who do it out of the joy of sex.

But no, it shouldn't be made illegal - too many women depend on it as a source of income.

[Nilloc James]

Law should be based on protecting society, banning something due to a group's feelings toward an issue is not a good way to manage a country.

[Goat]

While prostitution itself is not illegal in Canada, almost everything associated with it is, a situation that one judge of the Supreme Court of Canada once acknowledged as bizarre. It is illegal to solicit for the purposes of prostitution. It is illegal to ask for pay for sex or to offer to pay for sex. It is also illegal to live off the avails, so third party to the sex transaction cannot be legally paid. It is also illegal to run a common bawdy house, thus it is against the law to have a place where prostitution is the business.

These laws are now being challenged in court. The argument is that prohibitions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade force sex workers from the safety of their homes to the insecurity of the street, where they are exposed to physical and psychological violence.

Questions for debate: How should the courts rule? Should the legislation be struck down? If our government wants to make prostitution illegal, shouldn't they just make it illegal? Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

Well, I think the laws should at least be made consistant. From my personal perspective, it doesn't matter, since if it was made legal, even locally, I wouldn't be taking advantage of that.

The benefits include being able to control the trade a bit better, and to get regular health inspections for the prostitutes. Having brothels and such legal will allow for a safer environment for those women who choose to practice that profession.

The practice of prostitution has been around for a long long time.. and is even practiced by by chimps , which shows it goes back longer than modern man has been about.

[Miles]

I'm curious as to which came first, the legal nature of prostitution or the prohibitions of the various attendant activities to it. It would be my guess that prohibitions came about as a way to nullify its legal nature. But whatever the reason or reasoning for changing the laws may be, I hope they are successful.

[JoeyKnothead]

From the OP:

How should the courts rule? Should the legislation be struck down?

Activities related to a legal act should themselves be legal. Strke oppressive laws.

If our government wants to make prostitution illegal, shouldn't they just make it illegal?

Exactly. It reminds me of the marijuana tax stamp fiasco (in the US), To get a stamp you had to have the marijuana, but possession of marijuana without the stamp was illegal. And oh yeah, there were no stamps to be had.

Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

There are no good arguments for the suppresion of what consenting adults agree to do with one another.

(edit for speling)

[East of Eden]

Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

I'm like William Wilberforce and Martin Luther King, I have no problem using religiously inspired morality to influence our laws.

[Miles]

Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

I'm like William Wilberforce and Martin Luther King, I have no problem using religiously inspired morality to influence our laws.

Then you would have no objection to laws inspired by the morality of the Islamic religion. Laws that absolutely prohibit alcohol, or laws that absolutely prohibit any kind of "Homosexuality and Lesbianism."

Or how about these "Five crimes known as the Hadd offenses, committing them is considered an affront to God. They are:

• * Wine-drinking and, by extension, alcohol-drinking, punishable by flogging
  
  * Unlawful sexual intercourse, punishable by flogging for unmarried offenders and stoning to death for adulterers
  
  * False accusation of unlawful sexual intercourse, punishable by flogging
  
  * Theft, punishable by the amputation of a hand
  
  * Highway robbery, punishable by amputation, or execution if the crime results in a homicide.
  source

Or were you thinking that America should have laws influenced only by the morality of the Christian religion?

[micatala]

Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

I'm like William Wilberforce and Martin Luther King, I have no problem using religiously inspired morality to influence our laws.

I would agree, as long as the laws serve a legitimate secular purpose and do not have the religious motivation as their sole rationale. Laws which have only the purpose to promote or enforce a particular religious view are not, in my view, appropriate, especially in a country that enshrines freedom of religion in its constitution.

[East of Eden]

Are there good arguments apart from religiously inspired morality to make the sex trade against the law?

I'm like William Wilberforce and Martin Luther King, I have no problem using religiously inspired morality to influence our laws.

I would agree, as long as the laws serve a legitimate secular purpose and do not have the religious motivation as their sole rationale. Laws which have only the purpose to promote or enforce a particular religious view are not, in my view, appropriate, especially in a country that enshrines freedom of religion in its constitution.

It also enshrines the free excercise of religion. In no way does my voting for position X because of my religious beliefs violate the constitution, whether I am Christian, Muslim, or have no faith.