I don’t envy the judges of the Ontario Court of Appeal or the Supreme Court of Canada. Most observers believe that their appeal decision of the lower court decision striking down Canada’s prostitution laws will end up in the Supreme Court. But until that last court makes a decision, do we keep the old laws in place? Knowing what we know, that means the dangers facing women are ignored yet again. If they do this they will live the rest of their lives in shame. Or do the judges make the lower court decision effectively immediately and put the onus on Prime Minister Harper to act instead of hide. It promises to be interesting.
I will continue, in these blogs, answering questions and giving my views on the decision striking down the prostitution laws, and the appeal of that decision, for another week or two. By then it is likely that the decision of the appeal court will not be released until the New Year. I will continue blogging about my book, Dominatrix on Trial, over the holidays. I have received many questions I have yet to answer. I am so grateful for the interest being shown in my story by people all over the world.
I believe I am right to be so critical of the Prime Minister for appealing the decision striking down the prostitution laws. Common sense should tell him he should not reject all the findings of a 3 year virtual public inquiry, and not even say whether he has read it? The judge pointed out that prostitution is flourishing under the current laws, and would not increase significantly if those laws were dropped. Not only that, but keeping the current laws, she said, actually works against the objectives of both the government and the laws themselves. I hope the Ontario Court of Appeal points all this out to him as well.
In my book Dominatrix on Trial: Bedford Versus Canada, there is a chapter where I commented on the Prime Minister, Mr. Harper, and where I quote what I wrote to him. Since then, I have addressed him verbally in the media. I have said he is a bad boy and that he lacks courage. I have said either he does not care much about women, or if he does he has not shown it in his reactions to Judge Himel’s decision. He has ordered his lawyers to keep the Himel decision before the courts so he can avoid dealing with it. The government’s decision to appeal was made and announced in less time, about 3 or 4 hours, than it took to get the decision and read it. That is verifiable. This may do him more political damage than he realizes.
The current debate on prostitution must recognize the insanity of the government telling adults that they can have sex when they want and with whom they want, yet legislating that they have it for free. Do you remember when having sex at all, for free or otherwise, was illegal between members of the same sex? Oh, and by the way, do my activities as a dominatrix, when no genital contact occurs, qualify as sex? Interesting times ahead.
In my book Dominatrix on Trial I explained the reasons for the prostitution laws being struck down. I want to say again here that it was a 3 year process. It was not a sudden decision by a judge making a decision on impulse. The grounds offered by the government for overturning the decision have been, in my view, either irrelevant or weak. Saying there is a downside to the sex trade and not saying there are downsides to many other activities is a feeble reason for the laws to stand. I hope and I think that the Ontario Court of Appeal will tell Parliament it must act. Then the real discussion can begin.
There have been many people asking when the Ontario Court of Appeal will release its decision on the September 2010 decision of Justice Susan Himel. That decision struck down the laws restricting activities around prostitution, which has always been legal, in Canada. (Yes, the laws were a fiasco). My short answer is that I don’t know, but when they do I will have plenty to say to the Prime Minister, no matter what the court says. He is going to wear this issue like a tight girdle.
I have been getting many requests to go to functions to raise funds and otherwise show support for our constitutional challenge. Again, I appreciate all invitations and I am a very social person. But the reality is I am very ill, often in pain, and sometimes, because of that, not in good spirits. But when I am well for a few hours I love going into my social media site and my web site and these blogs and interacting that way. I have been sharing many photos and writings, including excerpts from my recent book that I have accumulated over the years.
Whatever the appeal court decides, there are so many issues requiring decision that it is almost inconceivable that they would not call upon the federal government to get involved. If and when they do I will have plenty of advice for the Prime Minister, who says he is against prostitution, whatever that is, but does nothing to make it illegal. It is amazing how anxious he is not only to support the positions the Liberals took for so many years, but also that he is supporting the most disgraceful laws the Liberals kept in place. Maybe he should stop behaving like a Liberal lackey.
There is an expectation that the decision of the Court of Appeal on the striking down of the prostitution laws is automatically going to the Supreme Court of Canada. In fact, this is not a given. For one thing, if the appeal goes decidedly in our favour, the Supreme Court may not consent to hear another appeal. For another, the government of Canada can choose to bring in new laws which address the points made by Justice Susan Himel in September 2010. She pointed out that this is a matter for Parliament. What is the Prime Minister afraid of?