[SWAF-Potluck] Supreme Court prostitution ruling forces issue on Harper

[Andy Sorfleet]

http://www.cbc.ca/
CBC NEWS
Saturday, December 21, 2013

The Canadian Press



Supreme Court prostitution ruling forces issue on Harper

[image: Inline image 1]

[photo caption]
Prime Minister Stephen Harper has steered clear of social conservative
lightning rods during his eight years in power. (Henry Romero/Reuters)

Call it the world's oldest legislative headache.

A Conservative government that hoped to restore its fortunes in 2014 by
talking about pipelines, international trade and victims of crime now will
have to deal with the world's oldest profession.

The Supreme Court of Canada effectively gutted Canada's prostitution laws
by finding this week that legislation against street soliciting, living on
the avails and keeping a brothel was unconstitutional.

The court gave Parliament one year to come up with a new legislative scheme
before the old laws are unenforceable.

While sex workers cheered at the Supreme Court in the hopes the unanimous
court judgment ultimately leads to the decriminalization of prostitution,
there seems little prospect of that under a government led by Prime
Minister Stephen Harper.

"We view prostitution as bad for society and we view its effects as
particularly harmful for our communities and women, and particularly for
vulnerable women, and we will continue to oppose prostitution in Canada,"
Harper said in March 2012 after the Ontario Court of Appeal set in motion
Friday's decision by striking down parts of the federal law.

The prime minister has steered clear of social conservative lightning rods
during his eight years in power, allowing a free parliamentary vote that
affirmed same-sex marriage in 2006 and firmly opposing any re-opening of
the abortion debate, despite repeated efforts from within his own
Conservative caucus.

It's worth noting that for same-sex marriage and abortion, the courts --
not politicians -- led the way to the current status quo in Canada.

However allowing federal prostitution laws simply to lapse does not appear
to be an option.

'Exploring all possible options'

Just last month, the Conservative party policy convention in Calgary
adopted a resolution stating it "shall develop a Canada-specific plan to
target the purchasers of sex and human trafficking markets through
criminalizing the purchase of sex as well as any third party attempting to
profit from the purchase of sex."

[photo caption]
A woman, who requested to withhold her name, holds a sign during a rally at
Allan Gardens park to support Toronto sex workers and their rights in
Toronto on Friday. Canada's Supreme Court struck down on prostitution laws
in a unanimous 8-0 ruling on Friday, giving Parliament a year to produce
new legislation. (Mark Blinch/Canadian Press)

Justice Minister Peter MacKay issued a statement Friday saying the
government would be "exploring all possible options to ensure the criminal
law continues to address the significant harms that flow from prostitution."

Heritage Minister Shelley Glover, a former Winnipeg cop, said she has dealt
with sex workers and that "on a personal note, I worry about them and I
look forward to our government providing some options to continue to
protect them."

"Our objective would be to ensure Canada avoids a situation where
vulnerable women are easily exploited and that's our concern," chimed in
Social Development Minister Jason Kenney.

All the talk of protecting sex workers came after the court ruled the
current laws are unconstitutional because they actively endanger people in
the trade.

Both the judgment itself and MacKay's statement in response referred to the
complexity of the issue.

If indeed the government is starting from scratch, widespread public
consultations and the drafting of new laws is a big challenge for the next
12 months.

Mike Wallace, the Conservative chairman of the House of Commons justice
committee, said the only matter currently on the committee agenda for the
New Year is clause-by-clause examination of a contraband tobacco bill.

'It's a possibility'

A promised Victim's Bill of Rights is in the pipeline but has not yet been
scheduled into the committee agenda.

"I wouldn't be surprised if sometime in the spring there would be some sort
of legislation in House, go through second reading, and get to us [at
committee] either late spring or early summer," Wallace told The Canadian
Press. "It's a possibility, if we move on it."

[photo caption]
Sex workers advocate Valerie Scott, left, and Terri-Jean Bedford brought
the case against Canada's prostitution laws (Darren Calabrese/Canadian
Press)

Under that scenario, legislation could get to the Senate and receive Royal
Assent next fall.

Don Hutchinson, vice president of the Evangelical Fellowship of Canada,
confirmed his group has already made proposals to the government.

"And yes, there have been conversations with the Justice Department and
with others in the government of Canada," Hutchinson said Friday.

The evangelical group is looking at what is called the Nordic model, in
which the heaviest criminal sanctions are aimed at pimps and johns, not sex
workers. The group shares that perspective with Kim Pate of the Elizabeth
Fry Society, among others.

It's not the hidden agenda Harper's harshest critiques have long claimed he
harbours, but it's also not an issue that's been at the top of any
Conservative election platform.

Finding common ground between tough-on-crime Conservative supporters and
longtime government policy critics such as Pate may be the unexpected
silver lining in the Supreme Court ruling.

Alan Young, the Osgoode Hall law professor who argued the case at the
Supreme Court, said he's no fan of "Stephen Harper's track record on
criminal justice issues" -- but then added a caveat that Harper himself
could probably endorse.

"I would prefer if another prime minister and another party were to look at
this issue," said Young. "But you play the cards you've been dealt."
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