Pubdate: Sat, 04 Jan 2014
Source: Sault Star, The (CN ON)
Copyright: 2014 The Sault Star
Contact: http://www.saultstar.com/letters
Website: http://www.saultstar.com/
Details: http://www.mapinc.org/media/1071
Author: Doug Millroy

2013 SAW ADVANCEMENTS IN SOCIAL ISSUES

There must be a young person lurking in this aging body of mine 
because I can't see many older persons agreeing with some, if any, of 
what I consider to be advancements in social issues in 2013 in this 
country and the United States.

In Canada, the Supreme Court struck down our archaic prostitution 
laws, which had made it illegal to communicate to buy or sell sex 
even though prostitution in and of itself is not illegal.

In the U. S., the total number of states allowing same-sex marriage 
grew to 18 from eight; Colorado and Washington voted to allow the 
sale of recreational marijuana; the Boy Scouts of America succumbed 
to pressure to allow openly gay youth within their ranks and Maryland 
ended capital punishment, the sixth state to do so in the past six years.

It wasn't, as you can see, a good year for social conservatives. All 
this was anathema to them.

But the young guy in me says what the hell, go for it.

My only worry in all this is that when it comes to reworking the laws 
covering prostitution, our Conservative government will screw it up.

The Supreme Court decision came about as a result of workers in the 
sex trade essentially appealing for protection for themselves, that 
they be allowed to work in an environment that would provide some 
measure of safety.

Ontario Justice Susan Himel, in response to a constitutional 
challenge launched by several women, concluded in 2010 that 
prohibiting sex- trade workers from operating a common bawdy house, 
living off the avails of prostitution and communicating for the 
purposes of prostitution, violated the Charter of Rights.

"I have found that the law as it stands is currently contributing to 
the danger faced by prostitutes," Judge Himel wrote in a 131- page ruling.

The Supreme Court, in recently dismissing an appeal of her decision, agreed.

Twenty years ago, Winnipeg lawyer Jeff Gindin had challenged the same 
laws on constitutional grounds but lost out in a 5- 4 vote by the 
Supreme Court.

"I argued that the law was rather silly because if there is nothing 
illegal about doing what you are talking about, then it breaches 
freedom of expression and freedom of speech," he told a reporter at the time.

Four judges thought it was a pretty valid point and I did, too.

After all, I couldn't see how it was possible to justify having a law 
that says it is illegal to discuss something that it is actually legal to do.

And yet that is what the Criminal Code says and what the federal 
government still seems to insist is right.

The government had argued before Himel that striking down the 
provisions without enacting something else in their place would "pose 
a danger to the public" since prostitution is inherently dangerous, 
no matter where it is practised.

But Himel, disagreeing with the government's claim, said the danger 
to sex-trade workers outweighs any harm to the public and it now 
falls to Parliament to "fashion corrective action."

I said in a column at the time that I didn't quarrel with the federal 
government appealing the case since I believed we needed a decision 
that affected the country, not just Ontario.

And I said that I trusted that in the end the court and legislators 
would come to the conclusion, as a poll conducted last fall by Angus 
Reid for Maclean's magazine shows the majority of Canadians have, 
that it is time to legalize prostitution in this country.

But from what I have read and heard so far from the government, I am 
not getting a warm and fuzzy feeling that that is going to be the case.

Justice Minister Peter MacKay said in a written statement recently 
that the government is "reviewing the decision and is exploring all 
possible options to ensure the criminal law continues to address the 
significant harms that flow from prostitution to communities, those 
engaged in prostitution, and vulnerable persons. We are committed to 
the safety of all Canadians and the well-being of our communities."

The government also had argued before Himel that Canada could become 
a sex-tourism destination if prostitution-related activities were 
decriminalized.

But what would be wrong with that if all activities are conducted 
within the walls of what is referred to as a "common bawdy house?" 
Actually, the only effect I see it having on ordinary Canadians is 
that it might offer jobs from the spin-off benefits the tourism 
industry will enjoy.

And I think a government approved and regulated industry would offer 
prostitutes, if police and government agencies did their jobs, 
greater protection and stifle the trade in human trafficking.

In any event, this is far from over but the Supreme Court decision is a start.

In regard to same-sex marriage, which Canada voted to legalize in 
2005, a decision by the United States Supreme Court has helped it 
along there and more states are expected to allow it in the near 
future, some on their own and some forced to by the courts.

There was a cry by the opposition to same-sex marriage in Canada that 
allowing it would lead to the destruction of society as we know it. 
That has turned out to be a crock here, hardly a word even being 
mentioned about it any more, and has been the same in the first 
states to make the move.

As for the sale of recreational marijuana, which began in Colorado on 
New Year's Day, I am all for it.

Again, this is something that is not going to go away. People are 
going to smoke up whether they get the drug legally or illegally.

So let's just get around to selling it legally as we do booze, which 
has to be every bit as harmful if overused, and reap the financial 
benefits that are going to accrue through taxation.

The Boy Scouts of America last year ended the organization's ban on 
openly gay Scouts but kept its prohibition on gay troop leaders.

This is simply a case of foot-dragging. Allowing gay scouts is only a 
half-measure. Once the organization lifted the ban on gay scouts, it 
had to know it would follow that the ban on gay scout leaders would 
also eventually have to be lifted. It is only a matter of time.

As I said in a column in April, the Americans should look northward 
to get an idea of what Scouting is all about. In Canada, gays are 
accepted and fully involved in scouting, no ands, ifs or buts about it.

However, some people keep banging their heads against the wall so 
much in opposition to some of these things that one could get the 
idea that they enjoy it.

As for myself, I have better things to do.

I am glad to see most states moving away from the barbaric practice 
of capital punishment because it could help keep us away from it.

It was last debated in the House of Commons in 1987 but the bill to 
restore it went down to defeat by a 148- 127 vote, with Prime 
Minister Brian Mulroney, Minister of Justice Ray Hnatyshyn and 
Minister of External Affairs Joe Clark among those opposing it.

There have just been too many proven cases of wrongful convictions 
and in some instances wrongful death sentences being carried out for 
this to ever appear in this country again.
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MAP posted-by: Jay Bergstrom