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Queer Ontario Submission to the Department of Justice’s Public Consultation re: “Prostitution-Related Offences” in Canada

March 15th, 2014 Comments off

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Below is Queer Ontario’s submission to the Department of Justice (Canada), which has been seeking public input on so-called prostitution-related offences in Canada since February 17, 2014.
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This public consultation process was set up after the Supreme Court of Canada ruled unanimously last year to strike down the laws that prohibit individuals from operating brothels, living on the avails of prostitution [sic], and communicating for the purposes of prostitution [sic], on the basis that they were too broad and effectively endangered the health, safety and lives of sex workers. The Supreme Court gave the Government of Canada one year to develop new laws to regulate prostitution-related offences, should it decide to do so –– and it has.
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The Department of Justice’s consultation questionnaire closes on March 17, 2014, and can be filled out at: http://www.justice.gc.ca/eng/cons/curr-cours/proscons-conspros/index.html.
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A read-only version of Queer Ontario’s submission has been provided below.  It is followed by a downloadable version.
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Downloadable version: Queer Ontario Department of Justice Submission re Sex Work 
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Breaking! Supreme Court of Canada Issues Decision on the Criminality of HIV Non-Disclosure

October 5th, 2012 Comments off

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This morning, the Supreme Court of Canada issued two rulings on the criminalizability of individuals living with HIV if they do not disclose their HIV-positive status to a sexual partner before engaging with them, sexually.  The rulings are in response to a case in Manitoba, where a man was charged with nine counts of aggravated sexual assault based on his failure to disclose his HIV‑positive status to nine complainants (none of the complainants contracted HIV); and a case in Quebec, where a woman with HIV was charged with sexual assault and aggravated assault for failing to disclose her HIV-positve status to a partner.
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The Supreme Court of Canada has effectively ruled that laying such charges on an individual who is HIV-positive, with an undetectable viral load, and who made proper use of a condom, is unreasonable because the “realistic possibility of transmission of HIV is negated” in such a context.
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The Manitoba case ruling can be found here:
http://scc.lexum.org/en/2012/2012scc47/2012scc47.html

The Quebec case ruling can be found here:
http://scc.lexum.org/en/2012/2012scc48/2012scc48.html

The CBC’s report on the ruling an be found here:
http://www.cbc.ca/news/health/story/2012/10/05/supreme-court-hiv-ruling.html

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