Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Court refuses to hear BC sex workers' case

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
lightningandsnow Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 06:02 PM
Original message
Court refuses to hear BC sex workers' case
A group of Vancouver sex workers seeking to challenge the constitutionality of Canada's sex-trade laws says it will continue its fight despite being handed a defeat in BC Supreme Court Dec 15.

It's a fight for safety, human rights and equality before the law, says the Downtown Eastside Sex Workers United Against Violence Society (SWUAV), which brought the case forward.

Justice William Ehrcke ruled that the Downtown Eastside group will not be permitted to challenge the laws that criminalize them because its members are no longer themselves employed in the sex trade.

The decision — issued just two days before the Dec 17 International Day to End Violence Against Sex Workers — is being roundly condemned by sex-trade worker groups and human rights advocates.


http://www.xtra.ca/public/National/Court_refuses_to_hear_BC_sex_workers_case-6020.aspx

I'm beyond pissed about this. They wouldn't even hear their case? How can we expect to make strides towards rights for all people if they're being dismissed as not even valid?

Sex workers have a right to live free from violence, and the North American laws surrounding sex work make it difficult for them to do that.
Printer Friendly | Permalink |  | Top
happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 06:24 PM
Response to Original message
1. Because that is the rules when it comes to court cases, the parties MUST BE Real
Edited on Thu Dec-18-08 06:27 PM by happyslug
The cases MUST involved actual people harmed under the law, not people who use to be harmed, or will be harmed in the future, the case must involve someone who is being harmed today. This is the same rationale being used in the US Courts to kick out all the Obama is NOT a citizen case, the court ruled the people bringing the action do NOT have standing, for, while citizens of the US, standing is reserved to the US Congress and the Congress's right to decide who is President when they count the electoral votes.

Now the courts will occasionally work around this problem, for example in Roe vs Wade the court ruled that the Plaintiff's, even through no longer pregnant, still had an interest in challenging the Anti-Abortion laws of the US for they could become pregnant again (The Court for years before 1972 avoided the issue on standing grounds for by the time the case arrived at the Supreme Court, the mother had given birth or the pregnancy had ended for some other reason and as such the plaintiff no longer had standing).

Sorry, they need someone who is in the business Today to do this challenger, my question is why can they NOT find one? Could it be that the majority of women in the "Business" do NOT want to be in the "Business" and thus prefer it to be illegal? That is the question for the court, why is it EX-sex workers NOT sex workers of today challenging this law? Many pimps are "Ex-Sex Workers" and a major concern for the courts. Just comments why the court made the ruling it did.
Printer Friendly | Permalink |  | Top
 
lightningandsnow Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-18-08 08:08 PM
Response to Reply #1
2. There's a similar court challenge going on in Ontario
where at least one of the parties is a current sex worker. Here are some articles surrounding their court challenge: http://www.spoc.ca/pm2008.html

Many organizations composed of former AND current sex workers support decriminalization.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Tue Apr 30th 2024, 03:24 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC