HomeMy WebLinkAboutThe Lucknow Sentinel, 2013-12-30, Page 44 Lucknow Sentinel • Monday, December 30, 2013
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Lucknow Sentinel
VOLUME 137 - ISSUE 19
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Prostitution
and liberty...
odd bed
fellows
Anthony Furey
QM Agency
Consenting adults should be able to
do whatever they damn well please
so long as they're not violating any-
one else's liberty.
Sadly, people on all points of the political
spectrum don't always agree with this.
They mistakenly think the point of govern-
ment is to direct people away from doing
things that they'd personally rather not do.
But if you're one of the increasingly few
left in Canada who think we need less gov-
ernment and more liberty, you should
applaud the Supreme Court of Canada's
prostitution ruling.
Even if prostitution is not your cup of tea.
Even if you utterly despise it.
Prostitution was not illegal. But pretty
much everything surrounding it was.
Now the court has ruled three bans
unconstitutional: Against keeping a
brothel, soliciting prostitution and livings
off of its profits.
Many say their problem isn't with other-
wise safe and consensual prostitution
where nothing goes awry.
They just want restrictive laws because
they're seriously concerned about child
prostitution, human trafficking, sex slavery,
etc.
As they should be. But guess what? All of
those are already illegal and of course
should be.
So let's go after these crimes more
aggressively than ever. Target them. Per-
haps tinker with the laws to better
empower police and prosecutors to deal
swiftly and firmly with them.
The court decision actually makes it clear
that the bans weren't simply targeting
these heinous crimes, but going after the
otherwise law-abiding elements of sex
commerce.
From the decision: "This case concerns
the basic values against arbitrariness
(where there is no connection between the
effect and the object of the law), over -
breadth (where the law goes too far and
interferes with some conduct that bears no
connection to its objective), and gross
disproportionality (where the effect
of the law is grossly disproportionate
to the state's objective)." Overreach
and disproportion are the key here.
Sure, there's a startlingly large
amount of human trafficking that
brings women to Canada as sex
slaves from abroad.
So presumably if you go after eve-
ryone soliciting a prostitute you're
going to catch some people engaged
in this criminal underworld.
But you're also going to ensnare
the people who choose to engage in
otherwise lawful sex commerce with
consenting adult sex workers.
It's not worth ruining the lives of
the latter in the hopes of catching
some of the former. Nor is it worth
the administrative burden.
Although on that last note, the
SCC decision could result in a whole
bunch of costly regulations and
bureaucracy (municipal brothel
inspectors, anyone?).
This will have to be fought, too.
Sorry but nobody said the path to
liberty was an easy one.
Ultimately, most Canadians likely
feel the same way about prostitution
as they do about marijuana.
They're fine with — or at least will-
ing to tolerate — regular people
occasionally doing it safely, even if
they don't personally care for it. They
just don't like the spin-off crimes
and excess that it can result in.
Sounds reasonable enough. So
why harass the moderate, cautious
users?
Kelly Block, Conservative MP for
Saskatoon — Rosetown — Biggar,
has a private member's bill working
its way through Parliament right now
that amends the Criminal Code to
provide a mandatory minimum of
four years in prison for anyone con-
victed of human trafficking.
Surprisingly, there isn't one
already.
This is simple and specific. It
directly relates to the problem.
We need more of these smart
tweaks. Not broad laws that unduly
impact everyone involved in the
world's oldest profession.