I spend so much time keeping up with and writing about politics in the US (and occasionally elsewhere) that I often lose track of what’s going on in my own backyard. And once again, the Canadian courts have done the right thing and ruled that, to riff on George Carlin’s famous quote[1], selling fucking should be legal for the sake of sex workers’ safety:
An Ontario court has thrown out key provisions of Canada's anti-prostitution laws in response to a constitutional challenge by a Toronto dominatrix and two prostitutes in 2009.
Ontario's Superior Court of Justice ruled Tuesday the Criminal Code provisions relating to prostitution contribute to the danger faced by sex-trade workers.
In her ruling, Justice Susan Himel said it now falls to Parliament to "fashion corrective action."
"It is my view that in the meantime these unconstitutional provisions should be of no force and effect, particularly given the seriousness of the charter violations," Himel wrote.
"However, I also recognize that a consequence of this decision may be that unlicensed brothels may be operated, and in a way that may not be in the public interest."
The judge suspended the effect of the decision for 30 days. It does not affect provisions dealing with people under 18.
A judicial ruling about sex founded in common sense – not something I reckon we’re about to see happen in the US anytime soon, I’m afraid. Prostitution, along with other subsets of the sex industry, drugs, and anything else that consenting adults engage in on their own time and their own dime, should absolutely be legal and carefully regulated by the government to protect the providers and punish abusers. As it is, a prostitute who encounters a violent client has virtually no resources at all, as his/her options are essentially limited to jail time or simply shutting up and coping. And that should never be anyone’s reality.