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關於 Bill C-36 的官方聲明及傳媒報導 (集結)

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发表于 2014-12-8 03:15:26 | 显示全部楼层 |阅读模式

** 歡迎大家回帖加添有關資訊,但不要在此帖作討論 **



Bill C-36  官方住文
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6646338&File=33#3

Bill C-36  在國會討論的對話記錄
http://openparliament.ca/bills/41-2/C-36/

Bill C-36  簡介
http://www.theglobeandmail.com/news/politics/canadas-new-prostitution-laws-everything-you-need-to-know/article19610318/

溫哥華市政府表態, 不支持亦不會執行 Bill C-36 有關法律
http://vancouver.ca/news-calendar/city-response-to-passing-of-bill-c-36.aspx

安省有望成為首個挑戰新法案的省
http://fullcomment.nationalpost.com/2014/12/05/john-ivison-ontario-government-may-fire-first-shot-at-tory-prostitution-law/

Now報 (即Backpage) 表態不認同並打算違抗 Bill C-36 有關廣告的禁令
http://www.680news.com/2014/12/06/now-magazine-will-defy-ad-ban-in-new-prostitution-bill/


多倫多眾市議員認為Bill C-36有違國家憲,書信求省長將法案交給最高法院推翻,同時亦要求本市警方不要執行這條法律
http://ward27news.ca/wp-content/uploads/2014/12/LetterToPremier03DEC14.pdf

安省省長表態,Bill C-36 公眾利益存在保留已向檢察總長要求審查此法案在憲法上的合法性
http://www.thestar.com/news/gta/2014/12/07/kathleen_wynne_asks_ago_to_review_canadas_new_prostitution_law.html


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发表于 2014-12-10 20:29:23 | 显示全部楼层
http://www.thestar.com/news/cana ... own_way_hbert.html#

Provinces increasingly ignoring Stephen Harper to go their own way: HébertThe decision of Ontario’s premier to question the federal government's prostitution bill is part of a larger pattern that is seeing provinces keep to their own counsel on a range of national policy issues.






MONTREAL — From climate change to pension reform, gun control, medically-assisted death and pipelines: the list of issues on which various provinces are striking a course independent from that of Stephen Harper’s government keeps getting longer.

The latest addition is the Conservative government’s controversial prostitution law.

In theory it came into force on Saturday. In practice its implementation is uncertain in Canada’s largest province and possibly beyond.

Ontario Premier Kathleen Wynne has asked her attorney general to provide her with an opinion as to whether it is constitutional. There are slim odds that the answer will be positive given the widespread reservations the law inspires within the Canadian legal community.

Last summer two hundred legal experts wrote to federal Justice Minister Peter MacKay to warn that his prostitution bill was no more charter-proof than the struck down legislation it sought to replace. Last year the Supreme Court found that crucial parts of the previous law violated the fundamental right to life, liberty and security of sex workers.

The logical expectation is that Ontario will refer the new federal law to the province’s Court of Appeal and, presumably, decline to prosecute offenders on its basis until its status is cleared up.

There is little that Harper can do about Ontario’s chosen course. The provinces are responsible for implementing the Criminal Code and while it is rare for one to decline to act on one of its sections, it is not unprecedented.

In the late ’70s Quebec stopped prosecuting abortion-related charges after two juries refused to convict doctor Henry Morgentaler for performing the procedure on demand.

Ontario’s move on the prostitution bill is the latest episode in an ongoing cold war between Wynne and Harper’s governments. But it is also part of a larger pattern that is seeing provinces keep to their own counsel on an ever-expanding range of national policy issues.

Last June, Quebec circumvented the federal ban on assisted suicide and euthanasia by including medically assisted death in its end-of-life care protocol. The Supreme Court will likely pronounce on that initiative as part of an upcoming ruling on the larger right-to-die issue.

On the energy front, the federal government is on a potential collision course with three of the four largest provinces over a projected expansion of the country’s pipeline network to carry Alberta’s oil to markets.

Three provinces — Quebec, Ontario, British Columbia — have presented the industry with their own conditions to support various pipelines projects. At this week’s international climate conference in Peru, they, along with Manitoba, also signed an agreement with other subnational governments to combat climate change.

In so doing, four provinces that together speak for 80 per cent of Canadians pre-empted the stay-the-course speech federal Environment Minister Leona Aglukkaq was scheduled to deliver to the conference on Wednesday.

On the economic front, Quebec and Alberta continue to resist federal calls to join a national financial regulatory body. Until they do, the plan will be national in name only.

On the social policy front, Ontario is responding to Ottawa’s refusal to expand the CPP by promising the introduction of a supplementary public pension plan of its own.

And Quebec may yet substitute a provincial gun registry for the one that the federal government eliminated.

There is a lot of provincial-federal autonomy built into the Canadian Constitution and a certain amount of diversity in policy approaches is par for the course for a federation. But at the end of the day it was not designed to operate as if it was a collection of stand-alone silos.

It is increasingly hard to see how the federal government can exercise leadership or advance an agenda for the country from an Ottawa bunker.

It has been almost a decade since the prime minister sat down with the premiers to discuss a national policy of any kind.

If he did, Harper might find that on many of the issues that set them apart — from a more liberal end-of-life regime to the notion of federal laws that are really charter-proof or the need for a proactive search for an environment/energy balance — the dissenting provinces speak for more Canadians than he does.


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发表于 2014-12-10 20:30:58 | 显示全部楼层
http://ottawacitizen.com/news/national/ashby-prostitution-laws-a-mess-in-this-country

Prostitution laws a mess in this country

After weeks of campaigning from activists in the women’s rights and sex workers’ rights communities, Ontario Premier Kathleen Wynne has set her sights on Bill C-36, the Tory-led legislation that was ostensibly intended to answer the Supreme Court of Canada’s ruling that laws against prostitution are unconstitutional. She has asked Ontario Attorney General Madeleine Meilleur to advise her on the constitutionality of the law, which went into effect this week. Under the Courts of Justice Act, Wynne can instruct prosecutors not to enforce the law until its constitutionality is determined.

In her statement, Wynne said that her “priority in this debate is to ensure that our laws and institutions enhance the safety of those who are vulnerable — in this case, sex workers: a class of (mostly) women, who are disproportionately the victims of sexual and physical violence.  So I believe that there is merit in considering whether the Conservative government’s new legislation meets that test.”

Wynne joins a growing list of policymakers and advocates who are skeptical of the law, including 25 Toronto city councillors and editor and CEO of NOW Magazine Alice Klein, who stated that her publication would not be obeying the law’s prohibitions on the advertising of sexual services. “There is a high price to be paid for resisting the norms of stigmatization and sexual shaming,” she said. “Those in sex work truly bear the brunt of this price. It took 10 years and a very real body count of murdered women and tragic violence to win the constitutional challenge that overturned the laws last year.”

Body counts have become something of a bugbear for Justice Minister Peter MacKay, the champion and architect of Bill C-36. In a stunningly ignorant gaffelast week, MacKay memorialized the Montreal Massacre by saying “we may never understand … why these women were singled out for this horrific act of violence.” When NDP leader Thomas Mulcair had the temerity to point out that shooter Marc Lépine had targeted the women simply because they were women, and had in fact written an anti-feminist manifesto to that effect, MacKay whined about partisanship.

Whether MacKay was honestly that naive in his remarks, or using them to intentionally blow a dog-whistle for misogynists, he shouldn’t be allowed to shape legislation that impacts women. His refusal to acknowledge the experiences of sex workers, combined with his lack of vision and reliance on party lines to inform his thinking, has resulted in a legal mess that hub cities all over Canada want no part of and have no intent to enforce. It’s quite something, but it’s not leadership.

Whether sex workers or engineering students, the women who die at the hands of the men who hate them aren’t murdered because they were wearing short skirts, or because they were uppity in class, or because they made the wrong choices. They die because the laws and policies that are supposed to protect them are written by men like MacKay, who can’t see past the end of their own privilege.

In abrogating the laws against prostitution, the Supreme Court was trying to make room for equality. In writing C-36, the Tories were trying to re-establish patriarchal rule, to put the women they disapprove of right back on the street where social conservatives believe they belong. There they can die quietly, the victims of the next Robert Pickton, and pearl-clutchers everywhere can wonder why these terrible tragedies happen.

It’s because they’re women, stupid.



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发表于 2014-12-11 03:41:35 | 显示全部楼层
Interview with police chief about new prostitution law. He says priorities won't change. The police still mainly focus on underaged and violence type.

http://www.ctvnews.ca/ctv-news-c ... eNum=1&binPageNum=1
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发表于 2014-12-11 15:21:23 | 显示全部楼层
Heat on Wynne to take Feds’ sex law to court

Premier asks attorney general to advise on the constitutionality of new prostitution law but stops short of ordering cops not to enforce it – for now.

https://nowtoronto.com/news/feat ... s-sex-law-to-court/
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发表于 2014-12-12 16:19:10 | 显示全部楼层
"The police still mainly focus on underaged and violence type"
We have to check MM's ID before we pay!
I seldom hear police break into a hotel room and arrest Johns.
Anyone can give an example?
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发表于 2014-12-12 16:40:57 | 显示全部楼层
playboyjoe 发表于 2014-12-12 16:19
"The police still mainly focus on underaged and violence type"
We have to check MM's ID before we p ...

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发表于 2014-12-15 13:12:56 | 显示全部楼层
CUPID'S ESCORTS LEAVES THE SEX TRADE

How one sex work service is adjusting to the new Protection Of Communities And Exploited Persons Act

BY ANDREA HOUSTON DECEMBER 13, 2014 12:01 AM

https://nowtoronto.com/news/cupids-e...the-sex-trade/

The owner of Toronto’s largest escort agency, Cupid’s Escorts, is officially no longer in the business of selling sex.

Owner Jillian Hollander, who is in the process of restructuring her business to comply with the federal government’s new prostitution law, which officially came into effect December 6.

With the majority of the agency’s clients it’s not about buying sex anyway, says Hollander. It’s about intimacy.

“Many of these men find solace in just speaking to someone and being able to have a non-judgmental person just listen,” she says. “In a sense, I am providing really attractive therapists.”

Hollander says she’s always hired women who are bright, intelligent, funny and have the sophistication to engage in conversation on any number of topics. That’s why many of her clients book long appointments, sometimes as long as 12 hours.

But sex will no longer part of the date because of the new law. Hollander has asked all her staff to sign contracts requiring that they turn down all requests for such services. Escorts are now strictly “companions.” Under the new law, it is illegal for clients to ask.

“I also no longer provide condoms and I have ceased all hiring,” she says.

Recently, Hollander has sought legal advice from various sources, trying to figure out how she can continue to manage her business within the framework of the law. “This has been one of the scariest things I have even experienced,” she says.

She’s re-shooting all the photography on her website. Gone are the sexy pictures of nearly nude women. The women will now be in cocktail dresses. Cupid’s employs 36 escorts, all of whom are sticking by Hollander.

Hollander has always managed her business completely above-board. She believes strongly that her staff should be well compensated for their time, even by escort agency standards, and they should receive benefits.

Hollander offers a 25 per cent bonus for escorts that contribute to RRSPs. She also offers a bursary fund for anyone that chooses to continue to pursue higher education if they maintain an average of 85 per cent or higher, which works out to about $3,000 per year toward tuition. She also offers funding of up to 50 per cent for plastic surgery for any of her staff that would like to get some work done, such as Botox treatments or breast implants.

“On top of that, I have always connected the girls to lawyers, accountants, mortgage brokers,” she says. “I do everything I can to ensure that these women are treated the way that they deserve to be.”
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发表于 2014-12-15 13:14:52 | 显示全部楼层
The Street Nurses' Network calls for the City of Toronto to adopt a policy of non-enforcement on Bill C-36, the misnamed Protection of Communities and Exploited Persons' Act.

http://twitdoc.com/view.asp?id=16748...f5ouCWlvj5nDPK
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发表于 2015-1-7 02:43:25 | 显示全部楼层
The internet is making the buying and selling of sex easier and safer. Governments should stop trying to ban it
http://www.economist.com/news/leaders/21611063-internet-making-buying-and-selling-sex-easier-and-safer-governments-should-stop


STREET-WALKERS; kerb-crawlers; phone booths plastered with pictures of breasts and buttocks: the sheer seediness of prostitution is just one reason governments have long sought to outlaw it, or corral it in licensed brothels or “tolerance zones”. NIMBYs make common cause with puritans, who think that women selling sex are sinners, and do-gooders, who think they are victims. The reality is more nuanced. Some prostitutes do indeed suffer from trafficking, exploitation or violence; their abusers ought to end up in jail for their crimes. But for many, both male and female, sex work is just that: work.

This newspaper has never found it plausible that all prostitutes are victims. That fiction is becoming harder to sustain as much of the buying and selling of sex moves online. Personal websites mean prostitutes can market themselves and build their brands. Review sites bring trustworthy customer feedback to the commercial-sex trade for the first time. The shift makes it look more and more like a normal service industry.

It can also be analysed like one. We have dissected data on prices, services and personal characteristics from one big international site that hosts 190,000 profiles of female prostitutes (see article). The results show that gentlemen really do prefer blondes, who charge 11% more than brunettes. The scrawny look beloved of fashion magazines is more marketable than flab—but less so than a healthy weight. Prostitutes themselves behave like freelancers in other labour markets. They arrange tours and take bookings online, like gigging musicians. They choose which services to offer, and whether to specialise. They temp, go part-time and fit their work around child care. There is even a graduate premium that is close to that in the wider economy.

The invisible hand-job

Moralisers will lament the shift online because it will cause the sex trade to grow strongly. Buyers and sellers will find it easier to meet and make deals. New suppliers will enter a trade that is becoming safer and less tawdry. New customers will find their way to prostitutes, since they can more easily find exactly the services they desire and confirm their quality. Pimps and madams should shudder, too. The internet will undermine their market-making power.

But everyone else should cheer. Sex arranged online and sold from an apartment or hotel room is less bothersome for third parties than are brothels or red-light districts. Above all, the web will do more to make prostitution safer than any law has ever done. Pimps are less likely to be abusive if prostitutes have an alternative route to market. Specialist sites will enable buyers and sellers to assess risks more accurately. Apps and sites are springing up that will let them confirm each other’s identities and swap verified results from sexual-health tests. Schemes such as Britain’s Ugly Mugs allow prostitutes to circulate online details of clients to avoid.

Governments should seize the moment to rethink their policies. Prohibition, whether partial or total, has been a predictable dud. It has singularly failed to stamp out the sex trade. Although prostitution is illegal everywhere in America except Nevada, old figures put its value at $14 billion annually nationwide; surely an underestimate. More recent calculations in Britain, where prostitution is legal but pimping and brothels are not, suggest that including it would boost GDP figures by at least £5.3 billion ($8.9 billion). And prohibition has ugly results. Violence against prostitutes goes unpunished because victims who live on society’s margins are unlikely to seek justice, or to get it. The problem of sex tourism plagues countries, like the Netherlands and Germany, where the legal part of the industry is both tightly circumscribed and highly visible.

The failure of prohibition is pushing governments across the rich world to try a new tack: criminalising the purchase of sex instead of its sale. Sweden was first, in 1999, followed by Norway, Iceland and France; Canada is rewriting its laws along similar lines. The European Parliament wants the “Swedish model” to be adopted right across the EU. Campaigners in America are calling for the same approach.

Sex sells, and always will

This new consensus is misguided, as a matter of both principle and practice. Banning the purchase of sex is as illiberal as banning its sale. Criminalisation of clients perpetuates the idea of all prostitutes as victims forced into the trade. Some certainly are—by violent partners, people-traffickers or drug addiction. But there are already harsh laws against assault and trafficking. Addicts need treatment, not a jail sentence for their clients.

Sweden’s avowed aim is to wipe out prostitution by eliminating demand. But the sex trade will always exist—and the new approach has done nothing to cut the harms associated with it. Street prostitution declined after the law was introduced but soon increased again. Prostitutes’ understandable desire not to see clients arrested means they strike deals faster and do less risk assessment. Canada’s planned laws would make not only the purchase of sex illegal, but its advertisement, too. That will slow down the development of review sites and identity- and health-verification apps.

The prospect of being pressed to mend their ways makes prostitutes less willing to seek care from health or social services. Men who risk arrest will not tell the police about women they fear were coerced into prostitution. When Rhode Island unintentionally decriminalised indoor prostitution between 2003 and 2009 the state saw a steep decline in reported rapes and cases of gonorrhoea*.

Prostitution is moving online whether governments like it or not. If they try to get in the way of the shift they will do harm. Indeed, the unrealistic goal of ending the sex trade distracts the authorities from the genuine horrors of modern-day slavery (which many activists conflate with illegal immigration for the aim of selling sex) and child prostitution (better described as money changing hands to facilitate the rape of a child). Governments should focus on deterring and punishing such crimes—and leave consenting adults who wish to buy and sell sex to do so safely and privately online.


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