We have now had two days at the Ontario Court of Appeal and both the federal and provincial governments have been questioned by the panel of five judges. I was not at the court today, but from reports and from what I saw yesterday it appears that the judges are having problems with the appeal. Tomorrow my lawyer, Professor Young, will respond. I am hoping to be there. On Thursday the intervenors on both sides will make their presentations and on Friday final replies and discussion on possible extension of the stay on Justice Himel’s decision striking down the prostitution laws.
I am struck by the crown attorneys on the one hand saying that the government has no responsibility to protect prostitutes (prostitution is legal while activities surrounding it are not) yet at the same time arguing for the present laws because they say they want to protect prostitutes (which is nonsense).
Already there is widespread acceptance of the need for Parliament to act. The National Post today called for Parliament to overhaul the laws to make them more logically consistent. I found it amusing that their editors noted that prostitution is legal and then concluded their editorial by saying that prostitution should be legalized.
When Parliament does get around to acting the important thing is that the laws are clear, equitably enforced and recognize that this is a free country; and that what consenting adults do in private is not under the control of Prime Minister Harper