National Post editorial board // September 29, 2010
The Ontario Superior Court struck a blow for sane legislation on Tuesday when it struck down laws against communicating for the purposes of prostitution, living off its avails and running a “common bawdy house” — i.e., a brothel. Like it or not, the exchange of money for sexual services between consenting adults is legal in Canada. And as a general rule, if we lack the constitutional power or the intestinal fortitude to outlaw something, we should resolve to live with the consequences and not resort to erecting artificial, counterintuitive laws designed to prevent legal behaviour.
Prostitution is not a trade any parents would choose for their children. No matter where or how it’s carried out, it’s unlikely to be particularly safe or salubrious. “Any time you are alone with a john, it is dangerous,” the Crown argued in the case decided on Tuesday. “There is no safe haven when you are involved in prostitution. There is overwhelming evidence that johns can become violent at any moment.”
That sounds alarmist, but even if it’s true, the laws struck down made the problem worse, not better. The communication law is designed to deal with street prostitution, which is widely and correctly seen as an urban menace. But it’s at cross purposes with the living off the avails and bawdy house laws, which criminalize behind-closed-doors prostitution and incentivize street prostitution.
The Ontario Superior Court struck a blow for sane legislation on Tuesday when it struck down laws against communicating for the purposes of prostitution, living off its avails and running a “common bawdy house” — i.e., a brothel. Like it or not, the exchange of money for sexual services between consenting adults is legal in Canada. And as a general rule, if we lack the constitutional power or the intestinal fortitude to outlaw something, we should resolve to live with the consequences and not resort to erecting artificial, counterintuitive laws designed to prevent legal behaviour.
Prostitution is not a trade any parents would choose for their children. No matter where or how it’s carried out, it’s unlikely to be particularly safe or salubrious. “Any time you are alone with a john, it is dangerous,” the Crown argued in the case decided on Tuesday. “There is no safe haven when you are involved in prostitution. There is overwhelming evidence that johns can become violent at any moment.”
That sounds alarmist, but even if it’s true, the laws struck down made the problem worse, not better. The communication law is designed to deal with street prostitution, which is widely and correctly seen as an urban menace. But it’s at cross purposes with the living off the avails and bawdy house laws, which criminalize behind-closed-doors prostitution and incentivize street prostitution.