City Council passes moratorium on brothels (updated)

Sault Ste. Marie City Council has decided to institute a moratorium on all brothels and bawdy houses until such time as the Ontario Court of Appeal lifts the suspension of the invalidity of the section of the Criminal Code of Canada that deals with those establishments.

In March, the Ontario Superior Court ruled that the section dealing with operating a brothel or common bawdy house was unconstitutional because it prevented prostitutes from safely conducting their business.

That decision also allowed a one-year period for communities to prepare for the legalization of brothels, but it is still illegal to operate them in Canada and will continue to be illegal in Ontario until that section of the Criminal Code of Canada is officially repealed in Ontario - a year from March.

Prostitution has always been legal in Canada but it has been a crime to profit from the avials of it or to operate a common bawdy house or brothel.

City Council heard recently that a Sault business owner plans to open a bawdy house in the city next weekend.

That news prompted a short-notice special meeting to create an interim control bylaw that would prevent anyone from opening a brothel now, before an Ontario law that makes brothels legal next spring.

"It appears that certain individuals intend to take advantage of a situation," City Chief Administrative Officer Joe Fratesi told Councillors. "If you do nothing tonight you will lose your opportunity to engage the public in ammending the bylaw."

"We will not have the ability to put controls in place," said Mayor Amaroso. "Anything established before we create a bylaw will then be a legal, non-conforming business and will be outside our purview."  

An advertisment in the Sault Star says a new Brothel and Bar will be opening at Studio 10 this coming weekend.

Sources inform SooToday.com that Rose's Escort Service plans to expand it's business to include a brothel or bawdy house out of the Studio in partnership with the Studio owner.

"We aught not to be zoning them or regulating them yet because they are still illegal," said City Solicitor Nula Kenny. "However, what we can do is put something in place that we won't deal with them until such time as they are legalized."

Earlier today City Police Chief Bob Davies told Sootoday.com that the police would not look the other way if someone decided to open a brothel before it became legal.

He said it's the job of the police to enforce the laws and, up until the waiting period expires and the ruling that struck down the section of the Criminal Code of Canada that makes it illegal to operate a bawdy house takes effect the Sault Ste. Marie police will be enforcing the law as it stands today.

"What the Crown does with those charges remains to be seen," he added.

Davies said he couldn't speak for the Crown but believed the Sault Crown Attorney would probably hold any charges until the ruling became effective or was challenged and struck down. 

"The outcome of that proceeding would probably determine if the Crown would proceed with charges or throw them out," he said.

Davies was also present at this afternoon's City Council meeting.

During the meeting he was asked if charging a brothel operator would prevent continued operation of the brothel.

"Not necessarily," responded Davies.

Mayor Amaroso elaborated after the meeting, saying that some people are repeat offenders and repeated offences wouldn't help the brothel operators get a license when and if they did choose to apply.

At the beginning of the meeting the mayor said the meeting would concern only the issue of enacting a moratorium on brothels in the Sault and comments or questions about moral issues for against brothels in general would not be entertained.

Councillors abided by her wishes and the meeting was orderly and short with only Ward 4 Councillor Lou Turco voting against the moratorium. 

"What I'm against the process that has led to this," Turco said.

He said he doesn't profess to be an expert on brothels and would rather leave the legalities of their operation to the Criminal Code of Canada but he does have a problem with voting for a resolution he hasn't read or had time to research and understand.

"There were three resolutions added to the regular agenda on Monday night and this was one of them," he said. "I didn't get a copy of the actual resolution and its wording until today right before this meeting."

Turco said he felt he couldn't adequately represent his constituents on this issue without having more time to consult them and research the ramifications of the moratorium.

He also said he believes a decision like this shouldn't be made unless all members of Council are present to have their say.

Unable to be at the special meeting today were Ward 2 Councillor Terry Sheehan, Ward 4 Councillor Rick Niro and Ward 6 Councillor Frank Manzo.

Councillors Butland, Christian, Myers, Mick, Watkins, Bruni, Fata and Krmpotich as well as mayor Amaroso all voted in support of the moratorium.