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SOC323 lec#11.doc

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University of Toronto Mississauga
Nicole Myers

Lecture #11 Thursday, November 22, 2012 SOC323 Regulation vs. Criminalization The Case of Prostitution and Drug Control -final test -study things from before the midterm -*charter of rights and freedoms - Prostitution legalization: -says you can do this -not going to be charged, no ticket, no scolding -maybe terms of where you can buy it or use it though -has never been a crime in canada, but certain laws that make it illegal -the act of taking money for sex is criminal -the asking of anyone if they would like their services -the act of something private is not illegal, it’s the public act -much of the debates around prostitution is asking if criminalization is the right approach this behaviour -does it create more wrong than good Continental Systems -adopted in paris, holland, Germany -started in 1830;s when paris started licensing women, where women were allowed to work as prostates, they had id cards saying they were allowed -sanitary police -they had to see tickets, id’s, marriage licenses -if they did not have it, it was considered prostitution -if they did not have it, they were sent to jail -everything is done openly -know when you find a prostitute -the idea of this type of regulation is that the government knows that prostitution exists, instead of trying to eliminate, they are trying to regulate, not protecting the prostitute, the forcefulness that public health police exists, type of testing, it is the women that they are targeting and testing -ex. Montreal -more tolerant on prostitution -brothels are not legal, but tolerant on them, as long as they are not done in public space it is ignored, and are not intervened -there is safety and protection available for women in these homes English System -maine philosophy of this is that impacts public and can be policed -prostitution is not illegal, but all the acts around it are -very difficult to criminalize sexual activity -John Stewart Mills says that the state does not have a place in this topic -the problem with prostitution is it is in public space, public morals -related offenses has been seen as failure, the way it is enforced is not organized, shifts back and forth around the level around prostitutions -if police let them prostitute, the public complain about the hookers, the other problem is, if they decide to concentrate the prostitute population, idea to minimize the problem, we have a zone where prostitution is okay, and people will complain about that Feminism -the prohibition around brothels, pimps, etc -the control around women is said to not be good -need to shift what we are doing -the difficulty is: are women choosing to be prostitutes? -always targeting against women History -prostitution is not illegal, just the acts around it -1839 Vagrancy Laws -keep people off the streets, homeless, prostitutes, runaways, anyone on the streets -act of vagrancy, which is a status offense -do not have to be caught in the act -if you are on the streets without a reason, was just enough reason to be criminalized -the nuisance act -undesirable people using public space -public justification -1892 Criminal Code -at this time, if you were an inmate, a frequenter or earned money off of prostitutes (pimps) it was shrined into the criminal code in 1892 -status offense -do not have to be caught in the act to be arrested -any woman walking around with no justification for doing so was arrested on the spot -1972 Solicitation Law -appealed,do not exists anymore -but at the time, any solicitation was a criminal offense, not a status offense, prostitution itself was not an offense, but any communication around it was -in 1978 the law said both the customer and the prostitute can be charged -1985 Communicating Law -Fraser report -sad should legalize communication for sex -allow two prostitutes to work in the same place, it should not be considered a brothel, said municipalities should license small brothels, none of these were implemented -changed law to communicating law, same as soliciting -keeping public space available was more important -don’t want to see prostitutes in public space, just like the homeless*** -guilty if caught Critiques -targets the street workers -the “high end” prostitutes were not targeted because they were not visible, they were not in public space, these were the lowest, most marginalized workers -pushing people out of public spaces -pushing them out of places where there were not services, or even lights -emphasize that it can not be public, but not clear about where it can take place, see many different practices and many different types of enforcement taken Bedford V. Canada -2007 started in Ontario -on the basis that it causes significant harm to prostitute, -three women said this was unconstitutional -argues for full decriminalization of prostitution -Terry Bedford: dominatrix, S and M, 1994 charged for operating a body house, 1999 convicted for that -Amy L: worked in streets, through agencies -Valerie Scott: work hard to get laws on prostitution changed -said it violated rights of security because they had to work in secret -some portions of our law are constitutional Ontario Superior Court of Justice -S.7: Security of the person -making prostitution illegal to be indoors, illegal to hire body guards because they were working with prostitute money, were not allowed to have any type of screening process to the customers who may cause a problem -use example of Robert Pickton who killed prostitutes -prostitution is exploitative and harmful to the community -indoors and outdoors is just as risky, inherently dangerous Ontario Court of Appeal -struck down bawdy house provision -decision did not come into affect -stay as they are until decision comes out from court of appeal -S.7 is not violated -reasonable limit on their right to expression -street prostitution, where prostitutes solicit in public, then, remains illegal -hailed as a victory by some: those who thought it was endangered to women, but not protecting those who are still marginalized, those working on the street corner, still criminalized in all public communications, allows them to work in a bawdy house, but this only protected those who did not need protection because they were already working inside, did not protect those working on the street -Supreme court of Canada is looking at the case, until then the laws about prostitution, the law stands as it is, at least a year or two for a decision Criminal Code section 213 -every person who in a public place or in any place open to the public view Drug Regulation -the reading does walk you through -never decriminalized -just shy 92,000 went to court for small drug charges -approximately 50,000 people have a small drug possession on their record Public Opinion -55% of canadian over the age of 18 say they should legalize and tax marijuana -we have to recognize that first and foremost, how drugs exists us a colossal failure, do they want to use limited resources to prosecute drug users -when harper came into saying that he wanted to toughen these laws, they were warned about the cost issue on this topic of drugs Tax Revenue -the value of BC, half a billion dollars a year is spent on pot -found tax revenue, make 500 mil
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