There is no doubt that sex sells, but if the Ontario Superior Court ruling stands, sex could be sold publicly. Prostitution in Canada exists in a legal grey area, while the act itself is not illegal, soliciting a prostitute, operating a common bawdy house and living off the avails of prostitution are criminal offences.
So apparently, in Canada, it is possible for two wrongs to make a right. Obtaining the services of sex-trade workers in a public place is illegal and so is owning a brothel, yet prostitution is still legal – so how is it that the law both condemns and condones prostitution?
It seems as though the policy-makers of this nation have got it wrong – the dos and don’ts of prostitution are ambiguous.
When Judge Susan Himel struck down these laws, she did so with the intention of resolving the inconsistencies in the Criminal Code, not to make Canada the next sex tourism capital of the world.
But, of course, the federal government has plans to appeal her decision.
Known as one of the world’s oldest professions, prostitution is not going anywhere. It is not up to the government to decide whether or not prostitution is “degrading,” as the Crown refers to it in the Globe and Mail, since this is a moral judgment. What is right and what is wrong is a personal decision, which only an individual can decide upon.
Moral judgments have no place in the justice system – they are all relative. That is not to say that prostitution is morally right simply because it has been around for so long, but that it is not up to the courts to base their rulings on moral grounds.
We saw the same issues arising with the decriminalization of marijuana in this country – the idea that abandoning these old laws could put us on a slippery slope to a sex-crazed society.
If Himel’s ruling stands, it is highly improbable that hookers will be picking up “johns” at the local grocery store or outside elementary schools; altering the current prostitution laws will not open the floodgates, it is merely a matter of clarifying the laws and introducing a little thing called common sense to the Criminal Code.
The Prostitutes of Ottawa-Gatineau Work, Educate and Resist (POWER) have called on Ottawa police to abide by Himel’s ruling and operate under the new system. However, the police will maintain the “status quo” until the appeal courts have come to a decision says Cst. Jean Paul Vincelette. “We’re complaint driven, if we get complaints from the public, we will still deal with those calls. Nothing has changed until the process is finished with the courts.”
Yet the process is at a standstill.
The federal government has yet to make the appeal and Himel’s ruling has been suspended for a second 30-day period while the Crown gets its case together.
Regulating prostitution laws could mean a number of things – first and foremost making it a safer profession for workers. For instance, regulating prostitution laws would help and remove any minors in the trade.
If bawdy houses are allowed to operate, it would be easier to keep track of prostitutes. Being safer indoors would ensure that workers would be better protected from violence and sexual assault, where the abusive clients could be held accountable. Also, keeping a record of all sex-trade workers enables both clients and prostitutes themselves to address health concerns.
Keeping the sex trade underground makes it a much more dangerous place. Without regulations and laws, sex-trade workers face a range of problems, from health concerns to violence and sexual assault.
But even after Himel’s ruling, not all sex-trade workers are satisfied. Some feel the ruling only protects pimps, “johns” and high-end sex-trade workers. Those who are not allowed to work in bawdy houses, like those with health problems, would remain unprotected. They feel as though Himel’s decision has not gone far enough to include all sex-trade workers.
So if prostitution will always remain a problem, why don’t we take the necessary action to make it a more safe and just system?
It is not up to the government to base its legislation on what is morally right or wrong. If a law violates the basic rights to security that every citizen is entitled to under the charter, then it is up to the government to rectify this and ensure the needs of the individual are met.
It is ludicrous for prostitution to remain legal while most activities that are associated with prostitution are illegal.
The law should be consistent.
The government should stick to governing the nation and keep its nose out of the sexual business of the people.