Prostitution May Become Legal This Saturday in Ontario

To the delight of civil libertarians and libertarians alike, the Canadian courts have been leading the world in dealing with conflicts between privacy principles and morality legislation. I am serving as an expert in the review of Canadian polygamy laws in British Columbia. In the meantime, the Ontario Superior Court may allow three prostitution laws to die this Saturday.

In September, the Court struck down the laws. The federal government is charging that this is nothing short of a “social experiment unprecedented in this country.” However, it is also a frank acknowledgment that consenting adults came engage in sex for money as a consensual choice. Currently, an individual can have sex with any number of partners but can be arrested if they accept anything of value in exchange for sex. They can receive gifts as part of a “relationship” no matter how fleeting but not as payment.

The Court previously noted that criminal laws force prostitutes in the shadows where they are easy prey for abuse and even homicides. Once legal, protections and regulations can apply to the world’s oldest profession. With the demise of the laws, street walking will be legal.

Source: Star

Jonathan Turley

606 thoughts on “Prostitution May Become Legal This Saturday in Ontario”

  1. Tony C,

    Thank you for responding to my questions and for addressing the Sweden plan.

    I believe I better understand your position and the reasons for it.

    I don’t completely agree with your position but we do have many thoughts in common. I appreciate your offering insights into your youth as that helps me in understanding your point of view. My youth was very sheltered, very safe and so often I find my view point to be naive and tinted a rose color. That can be both a strength and a weakness … I am aware.

    It’s late and I just got back from a Polar Express train ride to the North Pole with my two year old granddaughter. My heart isn’t really in a discussion of prostitution and, anyway, I want to think more on the points you raised before responding.

    Once again thanks for your response and … your tolerant restraint towards others is appreciated.

  2. http://www.leg.state.nv.us/nrs/

    TITLE 54—PROFESSIONS, OCCUPATIONS AND BUSINESSES
    Chapter 622
    General Provisions Governing Regulatory Bodies
    Chapter 622A
    Administrative Procedure Before Certain Regulatory Bodies
    Chapter 623
    Architecture, Interior Design and Residential Design
    Chapter 623A
    Landscape Architects
    Chapter 624
    Contractors
    Chapter 625
    Professional Engineers and Land Surveyors
    Chapter 625A
    Environmental Health Specialists
    Chapter 627
    Disbursement of Money by Construction Controls
    Chapter 628
    Accountants
    Chapter 628A
    Financial Planners
    Chapter 629
    Healing Arts Generally
    Chapter 630
    Physicians, Perfusionists, Physician Assistants and Practitioners of Respiratory Care
    Chapter 630A
    Homeopathic Medicine
    Chapter 631
    Dentistry and Dental Hygiene
    Chapter 632
    Nursing
    Chapter 633
    Osteopathic Medicine
    Chapter 634
    Chiropractic
    Chapter 634A
    Oriental Medicine
    Chapter 635
    Podiatry
    Chapter 636
    Optometry
    Chapter 637
    Dispensing Opticians
    Chapter 637A
    Hearing Aid Specialists
    Chapter 637B
    Audiologists and Speech Pathologists
    Chapter 638
    Veterinarians
    Chapter 639
    Pharmacists and Pharmacy
    Chapter 640
    Physical Therapists
    Chapter 640A
    Occupational Therapists
    Chapter 640B
    Athletic Trainers
    Chapter 640C
    Massage Therapists
    Chapter 641
    Psychologists, Licensed Behavior Analysts, Licensed Assistant Behavior Analysts and Certified Autism Behavior Interventionists
    Chapter 641A
    Marriage and Family Therapists and Clinical Professional Counselors
    Chapter 641B
    Social Workers
    Chapter 641C
    Alcohol, Drug and Gambling Counselors and Detoxification Technicians
    Chapter 642
    Funeral Directors, Embalmers and Operators of Cemeteries and Crematories
    Chapter 643
    Barbers and Barbering
    Chapter 644
    Cosmetology
    Chapter 645
    Real Estate Brokers and Salespersons
    Chapter 645A
    Escrow Agencies and Agents
    Chapter 645B
    Mortgage Brokers and Mortgage Agents
    Chapter 645C
    Appraisers of Real Estate and Appraisal Management Companies
    Chapter 645D
    Inspectors of Structures
    Chapter 645E
    Mortgage Bankers
    Chapter 645F
    Mortgage Lending and Related Professions
    Chapter 645G
    Exchange Facilitators
    Chapter 646
    Pawnbrokers
    Chapter 647
    Dealers in Junk and Secondhand Materials; Scrap Metal Processors
    Chapter 648
    Private Investigators, Private Patrol Officers, Polygraphic Examiners, Process Servers, Repossessors and Dog Handlers
    Chapter 649
    Collection Agencies
    Chapter 651
    Public Accommodations
    Chapter 652
    Medical Laboratories
    Chapter 654
    Administrators of Facilities for Long-Term Care
    Chapter 655
    Locksmiths and Safe Mechanics
    Chapter 656
    Certified Court Reporters
    Chapter 656A
    Interpreters and Realtime Captioning Providers

    It seems that brothels and prostitution aren’t licensed by the State of Nevada at all but are a purely local function, something licensed by some city council or county board of commissioners.

  3. Of course the obvious answer is this: Out of about 1.3 million female residents of Nevada, about 20% are aged 21-35, and out of those 260 thousand woman about 1 in 1000 have chosen to become professional prostitutes. One tenth of one percent.

    For some reason I don’t find this absurd in the least, that one in one thousand women might think this is a perfectly acceptable way to earn a living. Heck, twice that many would be classified as complete sociopaths. About 10 times that many are true masochists that are sexually excited by pain and severe subjugation.

    Not to cast aspersions, but the truth is some girls are pretty casual about having sex. Sort a thousand women by the number of sexual partners each has had, and I imagine the top numbers are at least in the dozens. High enough that it is easy to imagine those women that have had 20-plus partners thinking: Maybe the particulars of the guy do not matter too much, and maybe prostitution would be an easy gig.

    For the prostitutes in Nevada, there is always another scantily-clad waitress job waiting in Vegas. I assume they don’t take that job because they like the money at the brothel better.

    Prostitutes don’t have to be stupid. They just have to like the money more than they like choosing their sex partners, and I don’t doubt that might be an acceptable trade in one out of every few hundred women.

  4. “[I]t would be interesting to see how the State of Nevada interprets sexual harrassment laws in the context of brothels.”

    It sure would be, Tony, but I suspect it would like any other job (hostile work environment, unwanted advances, etc.).

  5. @Kay: As he already told you, the brothels as employers are legally prohibited from giving prostitutes a competency test unless there is specific competency required for the job. Presumably a mentally incompetent person will not be applying for a job without their legal guardian present, so you are also proposing some evil legal guardians. But of course you will have no problem adding that to your conspiracy theory.

    Considering the specific competencies required for this job, it would be interesting to see how the State of Nevada interprets sexual harrassment laws in the context of brothels. I wonder if applicants get paid for their interview…

  6. Wow….do people still really use the term ” mentally retarded ” to refer to people who are intellectually dealyed???? I can’t even begin to understand why one would co-relate intellectual delay with prostitution. I believe that further research into the topic might be in order for some.

  7. What part of you “hire a lawyer” don’t you understand, kay?

    I was under the impression English was your first language.

  8. Dear BIL

    Since you claim to know a law allowing the jailing of pro se litigants without a statutory basis then it is not research that is required; it is simply disclosure of what you are already claiming to know and support of the statements you have already made about me. But you are too busy to back up your baseless statements I guess.

  9. Well BIL

    Since you are such an expert why don’t you show me some links to lawyers and law firms advertising that they sue governments.

    My unpaid legal advice to the State of Nevada is that they should have a competency test for licensed prostitutes to make sure that the mentally retarded aren’t being exploited.

    Where is your link showing that legal prostitutes in Nevada only stay in the brothels for 9 hour shifts? I read they work for weeks on end without being allowed to leave the brothel without a guard, but it might not have been an accurate article. Which regulation are you referring to exactly? I read something about in China it is sometimes an issue that factory workers aren’t allowed to leave their employers’ compounds where they live and work. I certainly think that licensed prostitutes must be allowed to leave after their shift to make sure they aren’t being forced to stay.

  10. kay,

    mespo recently quoted this, but Mr. Lewis is very appropriate for you:

    “Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.” – C. S. Lewis

    And if you want research done? My rate is $500/hr. Not that I’d work for you as a researcher any more than I’d act as your attorney.

  11. There is an army staff sgt named Julian Marlowe who is a man but I couldn’t find a happy hooker named that who exists in real life not just as another pseudo name. Can you?

  12. Kay.

    I’m not your lawyer. Get one.

    And I’m all for pro se litigants as it is your Constitutional right albeit one that shouldn’t be exercised by most people. In fact, in law school, they even teach you that as a professional it isn’t a good idea to represent yourself. Your closeness to the subject matter can cloud your objectivity and judgement.

    Let’s be clear. You didn’t say “discuss law on the Internet”. You said you could “give legal advice”. And then suggested anyone should be able to do so.

    “Give legal advice.” Those are words with specific legal meaning. I provided a link to an ABA abstract to show you that you indeed cannot “give legal advice” in any state without facing the possibility of being charged for the practice of law without a license.

    But you act as ignorant and self-rationalizing as you wish.

    Judges love that.

  13. I didn’t say that the prostitutes weren’t allowed on TV. I said that the legal brothels in Nevada aren’t producing licensed prostitutes for interviews and I think that is because they might be retarded.

    I don’t think it is legal or moral to employ retarded adults in dangerous jobs such as collecting garbage, cooking with hot oil, or prostitution.

    I guess that would be part of the license requirements of a garbage collection service, a fast food restaurant or a brothel.

    The reason that the mentally retarded shouldn’t be working as prostitutes is that it is a very dangerous job.

  14. Dear BIL

    I understand that you don’t like the idea of pro se litigants. BUT You haven’t provided a link showing that it is illegal for a non lawyer to discuss law on the Internet and give free opinions about law while not pretending to be a lawyer. AND You haven’t provided a link showing a statutory basis to jail anyone for participation in a lawsuit without a criminal charge being made for perjury, bribery, threatening witnesses etc. I was not subpoenaed either.

    Again you keep claiming to know about me but I don’t know you. So what do you think was even a possible statutory basis for my detention?

  15. Because competency tests are illegal unless the job itself has specific competency requirements. Having sex only requires that you be able to find the parts and put them together while meeting the other requirements that the State of Nevada does require – like condoms and STD testing.

    And yeah, kay, you’re making shit up. Like the assumption that they aren’t allowed on TV because they must be retarded.

    That statement in itself is . . . retarded. And made up. You have no evidence. Just your unfounded opinions. LK was correct about the argument could have just as easily been they aren’t allowed on TV because they are extraterrestrials. What LK did was show the speciousness of your statements by using reductio ad absurdum. Which she could easily do given the absurd nature of your statement.

  16. I didn’t make it up — I showed you the link as to what is required to get a license as a prostitute in Nevada and there was no competency test.

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