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Nicole Myers

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November 22, 2012 Regulation of Drugs and Prostitution **Shift in regulating** - Fisher reading Prostitution  Decriminalization- remove criminal element of it (i.e. drugs decriminalized- receiving a ticket rather than a criminal sanction; keeping people out of criminal justice system)  Legalization- allowed to do this; no tickets, criminal liability, no punitive sanctions attached  Prostitution never been a crime itself in Canada but series of laws that regulate this o i.e. taking money for sex is not criminal but asking someone if they would like to give you money for sex (communication; soliciting) **element of being public**  is criminalization is the best way to deal with this  continental system- developed in Paris and adopted by other European counties; started in 1830s and women allowed to work as prostitutes (regulated prostitute; ids) o sanitary police- breaking into lower class women’s home to see they were in bed with their marital partner (illegal to have sex with another person)  i.e. Amsterdam- red light district (women as sex commodities)  govt recognizes that prostitution exists and saying that trying to eliminate, they will regulate o not protective of prostitutes o compulsory treatment and venereal disease checking  English system- liberal idea of the individual and the limits of the state o Prostitution itself not illegal but acts around prostitution are illegal o Private conduct- state doesn’t have right to intervene private matters o John Stewart Mills- individual behavior cannot be regulated by state through criminalization o Public space, health, morals – public morality not acceptant of idea of soliciting for purposes of prostitution o Criminalizing actions around prostitution (soliciting) because it is public ; okay as long as we don’t look at it/know about it  Shift in level of policing in prostitution o Citizens complaining there are prostitutes everywhere (ie. prostitute Harvey’s in Toronto); zone where prostitution is okay  Feminists favourable of decriminalization of prostitution; around prohibition of establishing bawdy houses, pimping laws and soliciting o Exploitation and marginalization of women o Are women freely choosing prostitution for themselves? Or are they coerced into it? (organized crime into prostitution)  Historical efforts to make laws gender neutral History  Prostitution itself not illegal; acts around it  1839 Vagrancy laws- created with desire of keeping undesirable people off the streets (i.e. drug addicts); prostitution considered active vagrancy; didn’t have to be caught in act but walking down street without providing reason can get you arrested o Nuisance aspect of street workers o Undesirable people using public space  1869 Act respected vagrance- simple act of being a women streetwalker a crime o If you were an inmate or keep of bawdyhouse or lived off earnings of prostitutes (pimps), put into criminal code o **prostitution treated as status offence- being incorrigible) ; any women found in public space with no reason to be there can be arrested  1972 Solicitation law- vagrancy laws appealed and solicitation went from being a status offence to a criminal offence ; communication around prostitution was an offence punishable by summary conviction  1985 communicating law o Fraser Report – community put together by govt and communication for sex should be legal to regulate the industry (none were actually implemented)  Rationale- current laws exploited women o Govt re-appeals soliciting/communicating law- to maintain public order by making prostitution less visible (All about public space- similar to squeegee kids) Criminal Code  This is the law that currently stands in Canada  Concern that this targets marginalized street workers; doesn’t target elite members of this industry (they are not in public space)  Pushing people out of public spaces (moving them out to fringes again) because people don’t want to see it anymore  Code emphasizes that prostitution cannot be public but doesn’t state where it can take place Bedford v. Canada  Challenged prostitution laws  2007- co
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