Crown has 30 days to appeal before ruling becomes law
Raymond Kwan // October 6, 2010 // Excalibur (York University)
TORONTO (CUP) — Alan Young played a pivotal role an Ontario court’s decision to strike down key provisions in Canada’s anti-prostitution laws.
Some specific prostitution-related acts were decriminalized by the Ontario Superior Court of Justice on Sept. 28, including pimping, running brothels and soliciting.
Young, a professor at Osgoode Hall law school at York University, represented the prostitutes and, with help from 20 of his students, was able to manage the case mostly for free; the students compiled most of the evidence and convinced prostitutes, academics and community workers to testify.
Kendra Stanyon, one of Young’s students involved with the case, said she is very happy with the court’s decision.
She said that she was partly motivated to work on the case because the government was ignoring recommendations in reports that could have made prostitution a safe trade.
“Almost every report came back saying the same things that we have said in our case now, which is that sex work is made more dangerous when you prevent women from moving indoors,” she said.
“The government’s response to the reports was one of inaction and was very frustrating for me,” Stanyon added.
In her 131-page report, Justice Susan Himel concluded that prostitutes are exposed to dangers on the street that force them to choose between pursuing their interests and their right to personal safety as protected by the Canadian Charter of Rights and Freedoms.
Crown lawyers have been given 30 days to come up with arguments strong enough to dissuade Justice Himel.
The court’s decision sent ripples throughout the political establishment.
Parts of Canadian prostitution law will be decriminalized in 30 days if the Crown does not appeal effectively. (Photo by Excalibur)
Federal Justice Minister Rob Nicholson announced on Sept. 29 that the government would appeal the decision, adding that prostitution is harmful to individuals and Ontario Premier Dalton McGuinty said his government would support the appeal.
Young, however, said he feels the federal government is simply trying to buy time and avoid the issue.
“It’s a knee-jerk reaction to every case they lose,” said Young. “If they really care about women in the sex trade, they’d accept the judgment and change the law.”
Stanyon argues that the decriminalization of prostitution in other countries like New Zealand has not resulted in an explosion of crime and urges the public not to buy into the government’s claims that Canada will become a haven for sex tourism.
“[I] feel that that’s a scare tactic,” said Stanyon. “If you look internationally at other countries that have enacted similar decriminalization and regulatory schemes for prostitution … they saw no statistically-relevant rise in sex workers or pimps. People weren’t seeking them on the streets or walking around on top of condoms everywhere.”
Young also disagrees with the government’s claim. “I’m not sure that’s necessarily such a bad thing, but the reason I don’t agree is because that’s not the Canadian way. You can only create a tourist hotspot if the community accepts it, and I don’t think Canadians are ready for it.”
Stanyon added that the public should acknowledge everyone’s right to personal safety.
“We’re not encouraging entrance into sex work … it’s a health and safety issue, and these citizens have every right to operate their business and going about their job in a healthy and safe environment,” said Stanyon.
“It’s going to take generations before we see real significant changes in the sex trade, and I don’t know which direction it’ll go,” added Young. “This is just opening up the door slightly to allow women a few more options when they pursue their business.”