Pubdate: Sun, 29 Jun 2014
Source: Ottawa Sun (CN ON)
Copyright: 2014 Canoe Limited Partnership
Contact: http://www.ottawasun.com/letter-to-editor
Website: http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Alan Shanoff
Page: 23

STOP LEGISLATING MORALITY

Canada's proposed prostitution law doesn't protect sex trade workers
and will be vulnerable to a Charter challenge

I'm always amazed at the power of our federal government.

With the simple passage of legislation it can turn ordinary citizens
into criminals. How is this possible? Well, our drug prohibition laws
are a prime example.

By rendering certain drugs illegal in 1908, the government turned what
were law-abiding citizens into criminals.

Marijuana became illegal in 1923. One day consuming certain drugs was
legal and the next day it wasn't.

Of course the price of these now illegal drugs have increased
exponentially ever since and drug dealers have been laughing for
decades as they cash in for huge profits.

Now with Bill C-36, the Protection of Communities and Exploited
Persons Act, the federal government is proposing to do the same, this
time with those who purchase sexual services, as well as with
sex-trade workers who run afoul of this proposed highly technical and
vague law.

Why should anyone care if we criminalize those who purchase
sex?

Well, aren't they simply exercising their right to engage in
consensual sex acts with a willing partner, something that has always
been legal in Canada?

Who is the victim i n the exchange of sex for money?

Don't tell me it is the purchaser's spouse or family. If that were the
case, adultery would be a crime.

Where is the pressing need to turn purchasers of sexual services into
criminals?

Do the police need more business? Are the courts lacking in cases? Do
lawyers need a new class of clients?

Who and what benefit from criminalizing the purchase of sexual
services, other than criminal organizations, lawyers and police budgets?

If this l aw is passed, the reality is we will be forcing more people
into the criminal justice system and stigmatizing them with criminal
records.

Forcing more people into the criminal justice system will serve no
purpose other than embarrassment and the payment of legal fees and
fines.

The stigma of a criminal record will create hardship for many by
rendering them pariahs to many potential employers.

Historically, efforts to criminalize traditional vices - drugs,
gambling and prostitution - have been a miserable failure.

Aside from creating more criminals we merely succeed in creating black
markets and enhancing the fortunes of criminal enterprises.

At the same time we help to generate violence.

Not only the violence that accompanies criminal enterprises as they
jockey for power, but the crimes generated to obtain the cash to
purchase these illegal and thus higher-priced products and services on
the black market.

You don't need to be a criminologist or sociologist or even an
economist to understand all this; we see the results of our
prohibition laws in the daily news.

There's no doubt that the sex trade industry is fraught with dangers.
But Bill C-36 does little to provide or enhance safety for sex-trade
workers.

We must do a better job of protecting minors and the
vulnerable.

We must protect sex-trade workers from coercion and
violence.

Sex trafficking and sex slavery are among the worst imaginable
crimes.

But it's insulting to think all sex-trade workers are the subject of
coercion or victims of crimes.

While it isn't a life most would want to emulate, there's nothing
inherently wrong with the provision of sexual services for
consideration, be it cash or an expensive dinner.

It seems the purpose of Bill C-36 is to render illegal the sale of
sex.

I suspect the courts will have something to say about that when the
law is subjected to a Charter challenge.

In the meantime, the law has the same chance of eliminating the sale
of sex as our drug prohibition laws have of eliminating the sale of
illegal drugs. We don't need to create more crimes or criminals.

Let's leave the criminal justice system for real crimes and real
criminals.

Religious and moral views on issues such as sex and drugs have no
place in shaping criminal laws.
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MAP posted-by: Matt