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Toronto Judge Susan Himel Strikes Down Canada's Prostitution Laws

by NowPublic Staff | September 28, 2010 at 02:47 pm

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Ontario Court Of Appeals Strikes Down Key Provisions of Prostitution Law In Canada - Federal Justice Minister Rob Nicholson Considering Appeal

Susan Himel a Toronto judge with the Ontario Court of Appeal has effectively decriminalized prostitution in Ontario if not the rest of the country with a ruling Tuesday concerning Canada's prostitution laws.

The court declared unconstitutional portions of the law banning brothels and soliciting for prostitution.

Three Toronto women launched the legal challenge in October 2009, arguing that prohibiting solicitation endangers prostitutes by forcing them to seek customers on street corners.

They called for the decriminalization of prostitution and for the right to open brothels to provide a safer environment for prostitutes.

The court agreed.

"By increasing the risk of harm to street prostitutes, the communicating law is simply too high a price to pay for the alleviation of social nuisance," Superior Court Judge Susan Himel said in the decision.

"I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."

However, Judge Himel imposed a 30 day stay on the decision providing time for crown prosecutors, lawyers, and other interested parties an opportunity to weigh in.

Himel said she is not persuaded that striking down the provisions without enacting something in its place would pose a danger to the public, as the federal government argued.

“I am mindful of the fact that legislating in response to prostitution raises difficult, contentious and serious policy issues and that it is for Parliament to fashion corrective legislation,” wrote Himel.

“This is wonderful,” dominatrix Terri-Jean Bedford told reporters at the University Ave. courthouse.

Federal Justice Minister Rob Nicholson says the federal government is seriously considering an appeal.

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saulie (not verified)

at 12:01 on September 29th, 2010

For generations, governments across the world have punished prostitutes and those who enable them. And by doing so they push them farther into the underworld of vice, violence and stigma. These are failed practices, just like the war on drugs. It is time for a different approach. Kudos to Susan Himel!

KingofthePaupers (not verified)

at 14:19 on September 29th, 2010

Good news. Shy and less attractive people do have a legal right to get laid.

ScottSmith (not verified)

at 15:11 on September 29th, 2010

Prohibition of anything never works anyway. Be it alcohol, drugs, gambling or prostitution. The only thing prohibition does do, is artificially create crime where none existed before.Adults should be able to make their own decisions.

kosharpo (not verified)

at 22:31 on September 29th, 2010

"KingofthePaupers (not verified)at 15:19 on September 29th, 2010Good news. Shy and less attractive people do have a legal right to get laid."___Helk, you wouldn't be married otherwise !

Satyamhistory (not verified)

at 02:46 on September 30th, 2010

Wow, what a fanciful slew of arguments for allowing a practice, exploitive of the most vulnerable members of our society. We should instead work towards getting women out of this trade, for this is where its membership comes from sex trade of human traffickers comes in. The idea of free choice working here, has no backbone, where the invisible hand of coercion lies at so many levels. It is as if it is possible for you to believe your daughters, mothers, aunts, during their most formative years, can come to the idea, "wow I can make money by prostitution". This is the reason the family unit is not a democratic unit. Come on, if we treat others as animals, and pieces of meat, we should expected to be treated no less. Its a damn slippery slope, the worst kind, soon human worth would be entirely measured by their commercial value, and existence justified solely by that, in the view of the State.

one time smith (not verified)

at 14:02 on October 4th, 2010

all i can say about the "justice susan hime" is that it must be true, a fool born every day.
i have always said we should be more like the states and make our judges more accountable to the public they serve - if we did then this fool wouldn't be in the position she holds.
say goodbye to irresponsible "lawmakers" which she seems to think is her right as a serving judge.

AlannaJ (not verified)

at 14:20 on October 8th, 2010

Before commenting some more, you may want to read Judge Himel's ruling:www.uc.utoronto.ca/images/stories/Sexual Diversity Studies/ruling_bedford.pdf

AaronR. (not verified)

at 12:40 on October 18th, 2010

this shit is prolly biased. those three whores who started this shit prolly gangbanged that judge with all their toys n shit n she loved it so much she decided to make dirty whore legal. so if anyone is interested. when this shit goes down. im having a funeral for our countries dignity, pride and morals. because they seem to have been forgotten. and hey to u whores that are all like blah blah our safety? get a fuckin day job u dumb cunt. if u keep getting raped n murdered n bullied by pimps. dont u think its time to pick a new profession? not try to legalize the shit. what about crackheads eh. they jus wanna smoke crack not do any harm but because of all the laws things have been made oh so unsafe for them. and can u believe these whores want some of our money too! if this is legalized a lot of tax money is going to go to all this shit. and since taxes were jus raised? when i pay taxes i want to b proud of the country i live in. not want to spit in the dirt and choke on my own vomit! like seriously wtf happened to morals and diginity? oh yeah i forgot. this is the 21st century. nvm fair game i guess.

Mathanan (not verified)

at 19:19 on November 1st, 2010

The truth is that most of the girls that are in this field are not at all "dirty whores" but girls that have had some kind of physical, or mental trauma in their lives. All that these girls need is a helping hand, and a way out. Now having said that there are those that do enjoy what they are doing, and those girls do not need to be persecuted, or punished for what they do. So I am in agreement with what this judge has done. I would also say that it would be time to help get the girls that feel "stuck" out through government programs, and counselling. In short, we, as a Canadian society, have encouraged the exploitation of those that are hurting, by turning a blind eye. So let's get them the help they need, and stop attacking those that enjoy what they are doing.