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The Best Little Wh…

…uh… Brothel in the Sault.

…uh… Brothel in the Sault.

Last week our City Council held an emergency debate to put in place a moratorium on establishing any brothels or bawdy houses in Sault Ste Marie, until such time as Parliament can amend the criminal code to legalize their operation.

The Ontario Court of Appeals had suspended as invalid the section of the Criminal Code of Canada that deals with those establishments. However, since they are still technically illegal, Council is not in a position to either regulate or control them.

This sudden-notice special meeting was prompted by an ad taken out by a local Escort Agency, advising that a new "B&B" -- Brothel & Bar -- would be opening soon in a downtown 'Adult Entertainment' establishment.

The moratorium means Council cannot and will not consider any application for the operation of a brothel until such time as the Criminal Code is amended to allow their operation legally.

There has been a range of opinion expressed on the matter, the majority that I have heard has been against allowing such establishments. However, a SooToday poll on the issue shows a majority in favour of such an establishment.

No way, nah-uh, never! 821 votes 35.51%
Fine, but not in my backyard. 400 votes 17.30%
Sure, I don't care. 1091 votes 47.19%


I must say, though, I haven't heard any really good reasons offered in support of apposition against brothels.

I've heard expressions of moral indignation, a lot of fear, as well as a great deal of misinformation and flat-out speculation; for instance, the suggestion that brothels will be set up in residential neighbourhoods.

Others of a more liberal mindset have suggested that rather than trying to pretend that this "industry" does not exist, Council should prepare a by-law to regulate brothels -- in appropriately zoned areas of the City -- and reap the tax benefits such establishments would provide.

I understand the moral objections that people have, although I believe that there is also a great deal of denial regarding the subject of prostitution.

Many people find the very notion that one adult will pay to have sex with another repugnant.

While it may be, for some, a repugnant act, it is not in and of itself illegal.

In an article by Lloyd Duhaime, a lawyer-cum-writer whose website is both a law article aggregator and a resource for people with questions on legal issues, offers a brief article on the subject, which begins with this quote:
 

"Prostitution is not illegal in Canada. We find ourselves in an anomalous, some would say bizarre, situation where almost everything related to prostitution has been regulated by the criminal law except the transaction itself."
Chief Justice Lamer, Reference re §193 and 195.1(1)(c) of the Criminal Code
[1990] 1 SCR 1123

See the entire article here.

It is important to note that the Criminal Code "does not prohibit prostitution which remains a perfectly legal activity. It does not even prohibit solicitation; it only prohibits solicitation in public places."

As well, just because a person stops and has a conversation with a prostitute, or with an undercover officer pretending to be a prostitute, does not mean that an offence has occurred.

Duhaime's article includes a brief transcript of a conversation between a female undercover police officer and an accused "customer." Because the act itself was never consummated and, more precisely because the "customer" drove off rather than driving around the block and then picking up the girl as she had instructed him to do, there was reasonable doubt as to whether the conversation was to procure prostitution, and he was acquitted of the charge.

Some people -- I don't know if they can be called "supporters," but they definitely are not "objectors" -- have suggested that the establishment of a brothel or two will significantly reduce, and possibly eliminate, the problem of street-walkers in the downtown core.

This is not the case.

First of all, prostitution is already alive and well in Sault Ste Marie. Indeed, it is officially tolerated -- and licensed -- through the various "Escort Agencies" found listed in the phone book and the classified sections of the local papers.

These businesses pride themselves in offering professional, discreet and "selectively hired" escorts to their clients.

If we can compare prostitution to the retail sector, brothels would be the brick-and-mortar retail outlets; escort services offer door-to-door sales; and, street-walkers are the guys holding open their trench coats saying "Psst. Wanna buy a cheap watch?"

Would I frequent a brothel? Definitely not.

Would I want my son to frequent a brothel? No, not at all.

Would I want my daughter to be a prostitute? Certainly not!

However in both cases, while I would not approve, if they were "of age" I would have very little, if any, say in the matter.

Still, do I think brothels should be allowed, and prostitution -- and the solicitation and communication for the purpose -- legalized? Yes.

Does this stand make me a hypocrite? Absolutely not.

There are plenty of activities that are perfectly legal, and that others may choose to do, that I would not want my daughter to do -- like bungee jumping off of a bridge on the Zambezi River in Zambia.

Brothels, like prostitution, have been around longer than written history. That some people raise moral objections will not change the fact that this activity occurs.

In fact, and without a doubt, infidelity occurs whether or not the sex is paid for.

Making prostitution more readily available will not change that. What may change, though, is the relative safety of both the prostitutes and their clients.

Street walkers put themselves at tremendous risk of physical violence. They and their customers are also at risk of contracting STDs and other diseases and infections.

Escort Agencies and Brothels are rather selective in their hiring. If a street-walker was suitable for employment with an agency they would likely have already been hired.

It is in the best interest of the operators of both Escort Agencies and Brothels to ensure their workers are in good health, receive regular medical check-ups, and use appropriate protection.

Customers, likewise, are reassured that the risk to their health is minimal.

If we in Ontario, and the Sault, adopt the approach of other jurisdictions where prostitution is legal and regulated, standards can be set and upheld to ensure, as best as possible, the safety and well-being of both workers and clients.

It is, perhaps, a bit of puritanical idealism to think that simply by not permitting Brothels in the Sault that there will be no such immorality occurring.

As I mentioned, prostitution is occurring, and is legal, like it or not.

Why not, then, make the best of what for some is a distasteful situation? Regulate these businesses and monitor their operation. Collect some tax revenue from it.

It will not be, as some seem to be suggesting, the downfall of civilization. If it were, it would have happened long before now.

But… that's just my opinion.
 

 


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