Court challenge of prostitution laws by a john
Someone had to do it eventually. Good for him for challenging a law that is fundamentally corrupt and places so many women's lives in danger. He's going to have a tough time though, but it may have validity if it reaches the Supreme Court of Canada.
http://www.canada.com/edmontonjournal/news/story.html?id=1ff0fa28-f40d-4043-b833-c4035a75a200
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B.C. man challenges prostitution law
John says legislation puts sex workers at risk
Chad Skelton, Vancouver Sun; Canwest News Service
Published: Saturday October 4, 2008 3:30 am
VANCOUVER - A B.C. man arrested in a prostitution sting is challenging the constitutionality of Canada's solicitation laws in what's believed to be the first such case brought forward by a john.
The man's lawyer, Ray Chouinard, said no john has ever challenged the law before because most would rather just plead guilty or attend "john school" to avoid attention.
But Chouinard said his client -- construction foreman Leslie Blais of Maple Ridge, B.C. -- believes prostitution laws put sex workers at risk and isn't willing to back down.
I told him if you (pursue) this case, you're going to be famous," said Chouinard. "He said that's fine. He's not embarrassed by this at all." Blais, 43, was arrested in May 2006 as he tried to pick up a female RCMP officer posing as a prostitute. He was charged with communicating for the purposes of prostitution.
When Blais' case reached B.C. Provincial Court, Chouinard said he planned to challenge the law on the grounds it violates prostitutes' Charter rights by putting them at increased risk of violence.
Chouinard said Blais told him he wanted to fight the case because he once worked as a waiter at a restaurant frequented by prostitutes.
"He began to know them as people, and he saw terrible things happen," said Chouinard. "He's seen women come back from dates beaten and bloodied." To help buttress his case, Chouinard asked Simon Fraser University criminologist John Lowman to testify.
Lowman has done extensive research on violence against prostitutes and has already agreed to testify in two similar charter challenges -- one in B.C., the other in Ontario -- in which sex workers are seeking to have the country's prostitution laws struck down.
But Lowman refused to testify in Blais' case, arguing he couldn't spare the time to appear and that doing so would distract him from his work on the other two cases.
Chouinard said he suspects Lowman's refusal has more to do with the fact his client is a john, not a prostitute.
"He didn't want to do it because he didn't like the optics," said Chouinard.
Lowman was unavailable for comment.
Provincial Court Judge George Angelomatis originally ordered Lowman to testify in Blais' case, despite his objections.
However, Lowman appealed to the B.C. Supreme Court, which agreed he didn't have to appear, a decision upheld on Friday by the B.C. Court of Appeal.
Chouinard said he's not yet sure what impact that decision will have on his case. "It leaves me with no experts," he said.
Meanwhile, a challenge brought by current and former Vancouver sex workers is due to begin in B.C. Supreme Court this February.
Katrina Pacey, one of the lawyers involved in the case, said she thinks the argument to strike down prostitution laws is best made by sex workers themselves. "I do think it's important that the case be driven by sex workers, who are the most negatively affected by the laws," she said.
However, she added she doesn't have a problem with a john pursuing a similar case.
"We support any effort to try to have these laws struck down."
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Panther
