Quotulatiousness

October 5, 2009

Challenging Canada’s prostitution laws

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 12:52

Canada’s archaic laws governing the sex trade are being challenged in court:

If she could do it herself, Terri-Jean Bedford would strike down Canada’s prostitution laws, perhaps using the riding crop she plans to bring to court.

Instead, the Toronto dominatrix and two other sex workers have launched a sweeping constitutional challenge to the legislation, arguing it perpetuates violence against women.

The landmark case gets underway Tuesday in a University Ave. courtroom where Bedford, in a nod to traditionalism, is promising to arrive conservatively attired, even if she is packing a tool of her trade.

Prostitution is legal in Canada: that fact always seems to be a surprise to most people. What isn’t legal are all the other activities surrounding the act: soliciting customers, having a safe place to conduct your business, and so on. This has always made prostitutes more liable to be injured or killed because they have to ply their trade in unsafe conditions, and they are rarely taken seriously when they attempt to get the police protection they should be entitled to.

The 49-year-old Toronto grandmother, along with prostitutes Valerie Scott, 51, and Amy Lebovitch, 30, is asking Ontario’s Superior Court of Justice to invalidate Criminal Code provisions that serve as Canada’s policy response to the world’s oldest profession.

They argue that prohibitions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade force them from the safety of their homes to the insecurity of the street, where they are exposed to physical and psychological violence.

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