Raymond Kwan
Contributor
The recent Ontario court decision to decriminalize key provisions of Canada’s anti-prostitution laws was due in part to the efforts of a York professor and his students.
Some specific prostitution-related acts were decriminalized by the Ontario Superior Court of Justice Sept. 28, including pimping, running brothels and soliciting.
Alan Young, a professor at Osgoode Hall Law School, represented the prostitutes as their lawyer and, with help from 20 of his students, was able to manage the case mostly for free; the students compiled most of the evidence and convinced prostitutes, academics and community workers to testify.
Kendra Stanyon, one of Young’s students involved with the case, said she is very happy with the court’s decision.
She said that she was partly mo- tivated to work on the case because the government was ignoring recommendations in reports that could have made prostitution a safe trade.
“Almost every report came back saying the same things that we have said in our case now, which is that sex work is made more dangerous when you prevent women from moving indoors,” she said.
“The government’s response to the reports was one of inaction and was very frustrating for me,”
Stanyon added. In her 131-page report, Justice Susan Himel concluded that prostitutes are exposed to dangers on the street that force them to choose between pursuing their interests and their right to personal safety as protected by the Canadian Charter of Rights and Freedoms.
The court’s decision sent ripples throughout the political establishment.
Federal Justice Minister Rob Nicholson announced Sept. 29 that the government will appeal the decision, adding that prostitution is harmful to individuals. Ontario Premier Dalton McGuinty said his government will support the appeal.
Young, however, said he feels the federal government is simply trying to buy time and avoid the issue.
“It’s a knee-jerk reaction to every case they lose,” said Young. “If they really care about women in the sex trade, they’d accept the judgment and change the law.”
Stanyon argues that the decriminalization of prostitution in other countries like New Zealand has not resulted in an explosion of crime and urges the public not to buy into the government’s claims that Canada will become a haven for sex tourism.
“[I] feel that that’s a scare tactic,” said Stanyon. “If you look internationally at other countries that have enacted similar decriminalization and regulatory schemes for prostitution […] they saw no statistically relevant rise in sex workers or pimps. People weren’t seeking them on the streets or walking around on top of condoms everywhere.”
Young also disagrees with the government’s claim. “I’m not sure that’s necessarily such a bad thing, but the reason I don’t agree is because that’s not the Canadian way. You can only create a tourist hotspot if the community accepts it, and I don’t think Canadians are ready for it.”
Stanyon added that the public should acknowledge everyone’s right to personal safety.
“We’re not encouraging entrance into sex work […] It’s a health and safety issue, and these citizens have every right to operate their business and going about their job in a healthy and safe environment,” said Stanyon.
“It’s going to take generations before we see real significant changes in the sex trade, and I don’t know which direction it’ll go,” added Young. “This is just opening up the door slightly to allow women a few more options when they pursue their business.”
