A nation-wide debate over the decriminalization of prostitution is poised to take centre stage any day now.
An Ontario court threw out key provisions of Canada's anti-prostitution laws last week, in response to a constitutional challenge by a Toronto dominatrix and two prostitutes in 2009. The judge ruled the laws relating to prostitution contributed to the danger faced by sex-trade workers.
It's now in the federal government's hands to decide where to go from here. Do they decriminalize prostitution, regulate it and tax it? Do they make changes to the key provisions to allow greater safety and security for sex-trade workers? Or do they stick with the old laws, which force women out onto the streets and from the security of the indoors?
Now let's be frank here. I know there are many people who feel prostitution should be illegal on moral grounds, but who are we to say what two consenting adults can or cannot do behind closed doors.
And that's what people engaging in prostitution are - two consenting adults.
This is why this decision is so important. It allows sex-workers to move off the streets (and out of the public eye) and into indoor locations to legally and safely conduct their business.
But of course it isn't so cut and dry.
Here, let's start with a little bit of a criminal law lesson.
Prostitution is not illegal in Canada. A person cannot be arrested for being a prostitute.
But virtually every activity associated with prostitution is illegal, making it difficult to pursue.
The Criminal Code prohibits any communication for the purpose of prostitution; solicitation is also prohibited by law. This law was enacted in 1985 as an attempt to deal with street workers who created a public nuisance.
"Brawdy Houses" are also illegal and have been so since 1850. However, many police authorities have been paying progressively less attention to brawdy houses and have instead more aggressively pursued street prostitution.
Lastly, procuring and living off the income of prostitution is also illegal. This dates back to the 1800s. Basically this law is enforced against pimps. It also covers child prostitution and human trafficking for the sex-trade.
One way things could change in Canada is the government could decriminalize and regulate brawdy houses or brothels.
Regulated brothels protect both the working girl and the people receiving their services. Take the Moonlite BunnyRanch in Mound House, Nevada, for example. The legal, licensed brothel has been in operation for more than 50 years. Nevada law requires that registered brothel prostitutes be tested weekly for a number of STDs and monthly for HIV and syphilis. Condom use is mandated by law.
This provides the client with a sense of security. And since all clients are screened prior to meeting with a "Bunny," the chance the girls will experience a violent situation lessens. Moreover, since they are all in one big house, there is always someone close by in the event of a violent experience.
All women also pay taxes on the income they make.
This type of model is one some people are looking at having in Canada.
In many ways it would work with great success. It would protect sex-trade workers and clients, and much of the country's illegal street prostitution would cease to exist. It would also bring in more government money as the workers would pay taxes.
But with anything, there are always those who still wish to, or are forced to, break the law. Success could be bittersweet.
For now, the women involved in this case described the ruling as the "emancipation day for sex-trade workers," as the decision lessens the risk of violence for sex workers.
And regardless of people's opinions regarding prostitution, one thing cannot be denied, and that is that sex-trade workers - like every other worker in Canada - have the right to work in safe environment.
The Constitution says so.
