SPOC: Decision from Justice Himel, OSC - Sept 28, 1pm

[Nicnac]

SPOC has received word from Justice Susan Himel of the Ontario Superior Court. The decision on our constitutional challenge of the laws regarding sex work will be released to us (via fax) at 1pm on Tuesday, September 28, 2010. After years of fighting for sex workers' rights, we've finally reached another threshold in the legal portion of our battle to make our work safer.

SPOC has called a press conference for 2:30 pm at the 519 Community Centre, and our representatives will be doing interviews with various media outlets throughout the rest of the week. We've also been coordinating with other sex workers' rights groups across the country, and we will be making our voices heard from coast to coast.

I'll be posting updates of the decision on my Twitter feed (@NikkiSPOC), and (when time allows) in this thread as well. We've also be updating our website (www.spoc.ca) with the details of the decision as soon as they're available, so if you'd like to stay updated, those are the best ways to do so.

So, fingers crossed everyone! We don't know how things are going to go tomorrow, but no matter what, it's just another step in the long road towards decriminalization, destigmatization, and our goal of making working conditions safer for sex workers across Canada.

Thanks again for your continued support, and here's hoping things turn out for the best!

 

[Brianna H]

Reading your website and came upon this. That is scary

Toronto, February
Assault, Forcible Confinement and Rape
Markham & Lawrence area

Outcall. Midway through the session, the client's wife came home. Client wouldn't stop and held our colleague down. His wife was angry and it became obvious to our colleague that this has happened several times before with other escorts. The wife tried to assault her, and then refused to let her leave. Our colleague finally broke the door down and got out.

Description: Caribbean between 45 & 50 years old

 

[Mudassir]

That's wonderful news! I'll be at work, but I'll be following this the best I can on my BB.

*fingers crossed*

 

[The Scout]

The best of luck for a positive outcome.

 

[clontarf1002]

Thanks everyone, I'm not sure how things are going to turn out, but we'll be posting updates as soon as they're available.

Riley, I'm actually not sure if the press conference will be open to the public or not, or if it's media-only. Space will be extremely limited, and security will be tight - we've all received death threats within the last year, as scary as that sounds... regardless, even if you aren't there in person, we know you'll all be there in spirit. :great:

Also, I've changed my Twitter handle for this event (@NikkiSPOC) so please update your searches accordingly. I'll try to update this thread as soon as the press conference is over with, and include any media appearances that SPOC will be making in the coming days (my guess is CTV will bring one of us in tonight, they seem to like us for some reason).

Ok, here goes - time to put my mouth where my money is!

 

[Halli]

A Toronto judge has struck down Canada’s prostitution laws, effectively decriminalizing activities associated with the world’s oldest trade.
“These laws, individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms,” Justice Susan Himel of Ontario’s Superior Court of Justice said in Tuesday’s landmark decision.
The long-awaited judgement had been on reserve for nearly a year.
“This is wonderful,” dominatrix Terri-Jean Bedford told reporters at the University Ave. courthouse.
Three sex trade workers had asked the court to strike down Criminal Code provisions dealing with prostitution, contending the laws violate their constitutional right to security of the person and freedom of expression.
Bedford and prostitutes Valerie Scott and Amy Lebovitch challenged the law under the Charter of Rights and Freedoms.
They argued that restrictions on keeping a common bawdy house, communicating for the purposes of prostitution and living on the avails of the trade force sex workers onto the street and expose them to violence.
In an affidavit filed with the court, Bedford described scars she has from being hit on the head with a baseball bat by a customer many years ago when she worked as a street prostitute.
The women argued that if the law permitted sex workers to conduct their business indoors, they could employ safety measures such as the use of security guards and monitoring devices.
But when the case was argued in Toronto last fall, lawyers for Ontario’s attorney general suggested there are already measures that women on the streets can employ to ensure safer working conditions, including simply warning each other about customers with a propensity for violence.
Lawyers for the federal government maintained that prostitution is inherently dangerous no matter where it is practised.
The Criminal Code prohibitions, Canada argued, are meant to prevent the commercialization of the sex trade and protect women from exploitation.
Although prostitution itself is not illegal in Canada, almost everything associated with it is, a situation that was once described as “bizarre” by a judge of the Supreme Court of Canada.
The Supreme Court dismissed a slightly narrower challenge to the country’s prostitution laws in 1990.
At that time, the court ruled that restrictions on communicating for the purposes of prostitution was a justifiable limit on free expression because the law was meant to discourage the nuisances of street prostitution and related activities such as drug trafficking.
As part of their case, Bedford, Scott and Lebovich pointed to a report from a Parliamentary committee that was released in 2006, several years after the Supreme Court had considered the constitutionality of the legislation.
The report concluded that restrictions on communicating had merely shifted prostitution from certain neighbourhoods into others.

 

[Erik Star]

We won!!! Ontario Superior Court strikes down all three laws (Sec 210, 212, 213) criminalizing sex work!!!

 

[bhram]

Do you know if similar challenges are underway, or planned in other provinces?

I recall that there was something underway with strong activists in BC?:happy:

 

[Maria O]

http://www.cbc.ca/news/pointofview/...ion-laws-did-a-judge-make-the-right-call.html

 

[The Bear]

Curious what will happen with other laws that affect both hobbiests and Sps those being - Inmate and Found-In.

 

[noiniusiapire]

It's about friggen time!! Long over due and let's get the government of our bedrooms!!arty:

 

[K K]

Hey all, I'm bouncing between interviews right now but I thought I'd stop in with a few details:

- The judgment included a 30-day stay during which the laws still apply. So technically, the laws are still on the books. We expect the Crown is already preparing their appeal (as Justice Himel expected as well, which is why she included the stay in the first place).

- We fully expect municipalities to engage in dialogue towards regulation and legalization. SPOC, along with other sex workers' rights groups across the country, are already planning to meet with our municipal representatives to ensure participation in the discussion.

- During these discussions, we intend to endorse the New Zealand model of decriminalization, which has been very effective in both improving the safety and working conditions of sex workers, and eliminating human trafficking for the purpose of sexual exploitation.

- There's going to be a lot more about this in the coming days, but if you'd like more information, www.spoc.ca is the best place to find it.

- Here's a link to the text of the decision:
http://www.uc.utoronto.ca/content/blogcategory/80/2666/

 

[stormer_xxi]

Nikki, I know it's only a first step but it is an important one from which you can build momentum toward sensible laws regarding sex work. Since I have had the pleasure of knowing you, I am aware of all the hard work and passion you have put into this cause. Your intelligence and thoughtful argument have contributed greatly. I am delighted that it is starting to pay off. For your part.....Well done indeed! MM

 

[Heidelzbth]

Does this mean prices will come down or at least stay the same?

They should if women can legally work out of their homes or share location costs with other ladies.

 

[MHMcHH #2]

WELL DONE ALL!!

Nikki, perhaps you could let us all know what the impact will be on the sex trade workers and clients and some of the immediate and future changes will be.

 

[fretochose]

thus far






Yes 79.93% (681 votes)

No 20.07% (171 votes)

Total Votes: 852

 

[Reverend G]

I think I see you in this video Nikki!

http://www.torontosun.com/news/cana...html#/news/canada/2010/09/28/pf-15507841.html

Kudos to you! :great:

 

[Neidy]

This is great news. Congratulations to all who devoted their time and efforts to get this result.

 

[ansmenam]

Yep, That's Nikki, and she's lookin very good, too!

 

[VKIS]

Wow, what a day! The last 18 hours have been absolutely crazy, but we're overjoyed at the result and very hopeful for the future.

Truth to be told, when we were preparing press releases before the decision, we didn't even finish the one where all three laws would be struck down, because we honestly didn't think it would happen. When Valerie came over to me and said, "we won!" I immediately asked, "which sections?" and didn't believe her when she said, "All of them!" Part of the reason for the lag time before our release was because we had to cut-and-paste from the three "partial victory" press releases we had already prepared, in order to put a "total victory" press release on our website!

Thanks to everyone who has supported us throughout our legal battle. I promise I'll respond to all of your posts and PMs tomorrow, after I've had a chance to rest... I have a seminar presentation at 9:30am that I'm still not prepared for, and desperately need to finish, but at least I can go to bed knowing that sex workers are just a little bit safer today than we were yesterday.

There's still lots of work to be done, but this is a huge moment in Canadian history, and I'm honoured to have played a (very small) role in bringing it to fruition.