Update on the Sept 28th court decision

[Petter]

Basically, this is the same update as the one I delivered at the massageplanet party on Oct 28th, for the sake of those who either weren't there, or didn't hear me the first time (stupid DJ wouldn't turn down the background music! :tongue: ).

The 30-day stay included in Justice Himel's decision technically ended on Oct 28th, but we've decided to accept the Crown's request to extend the stay for another 30 days, while they get their act together for the eventual appeal to the Ontario Court of Appeal. The Crown has promised that, if we agree to extend the stay, we'll have the OCA hear the case in February 2011, which is very fast by legal standards. In the meantime, we're staying in touch with the Crown and the OCA to ensure they make good on their promise.

Please note that I am not a lawyer, and this should not be considered legal advice, just a friendly suggestion!

In the meantime, the laws are still on the books. YRPS just made a bunch of arrests a couple of weeks ago, in what I suspect was a show of force to remind everyone that the laws haven't changed (yet). However, if you find yourself arrested for any of the contested laws, exercise your right to remain silent, contact your lawyer, and DO NOT agree to any sort of plea deal or diversion program (such as "John School" for clients, or "rehab" for SPs).

Instead, wait until it goes to trial, and ask your lawyer to request a stay of proceedings until the laws are ruled on by the higher courts (which will likely be the SCC, eventually). I could be wrong about this, but I doubt that a judge will insist on trying a case involving laws that are being contested by a constitutional challenge. If the judge insists on proceeding and Himel's ruling is upheld, that's more than enough grounds for appeal, and most judges would prefer to wait until the issue is resolved before proceeding any further. So, if you get arrested, keep your mouth shut, don't agree to anything, don't let the cops bully you, and try to get the case delayed until the constitutional challenge is over with (which should be a few years from now, at the very least).

In the meantime, if you want to help us in our mission to improve conditions for sex workers, there are three ways to do so:

1) Personally. Treat sex workers with respect, and be a good client. There are plenty of good recommendations on this board and others, or if you'd like a few more suggestions on how to do this, visit our website and read over the "Be a Good Date" section before visiting an SP.

2) Socially. Even if you don't visit SPs, or don't want to divulge the fact that you do, you can still make a difference in your daily life. If someone's making a snide comment or rude joke about an SP, stripper, or other sex worker, stand up to them, and say, "Hey man, that's not cool - they're people too, show some respect," or something to that effect. Constantly being the butt of jokes makes it harder for us to convince people that our work is legitimate, so stand up to these comments when you hear them; little things like this can go a long way.

3) Financially. Our organization is entirely volunteer-run, and we rely on donations from our members and supporters to pay our various expenses and (when applicable) our legal costs. We welcome donations via PayPal, or by cheque/money order to the P.O. Box on our homepage.

That's it for now, I'll be sure to post additional updates as they develop. In the meantime, thanks to everyone for your continued support! :great:

 

[KaTx]

Sweetie as usual I feel what you do it awesome. Thanks so much for the update, I never heard you at the party!!! Can you please PM me your paypal addy?

 

[Wolfie]

Thanks for the update, Nikki.

 

[gramof6]

I echo TGN's advice if you are charged. Have your lawyer get the judge to "stay" the trial until the Court of Appeal (or possibly the Supreme Court of Canada in due course) decides the case. The judge will not proceed with the trial as long as the issues are before a higher court and in return, you will have to waive your consitutional right to a speedy trial for as long as the "stay" lasts. This is fair, reasonable and pretty much inevitable.