Friday, December 20, 2013

Standby On The Fainting Couches ...


Predictably, the Con$ who report to PMSH are wagging their fingers at the Supreme Court:

Justice Minister Peter MacKay said the government was "concerned" by the ruling, and is "exploring all possible options to ensure the criminal law continues to address the significant harms that flow from prostitution to communities, those engaged in prostitution, and vulnerable persons." 
Meanwhile, Employment Minister Jason Kenney raised the spectre of judicial activism — saying legislators, not judges, should be making the law. It's a topic Prime Minister Stephen Harper has complained about as recently as this week. 
"My own view is the judiciary should be restrained of the exercise of overturning a democratic consensus. Having said that we of course respect the independence of the judiciary and its role," said Kenney. 
The high court struck down all three prostitution-related prohibitions — against keeping a brothel, living on the avails of prostitution and street soliciting — as violations of the constitutional guarantee to life, liberty and security of the person.
Kenney's words are particularly troublesome, as they grossly misrepresent what is going on here. The court has not "overturned a democratic consensus" at all.  The court has overturned laws which are out of date and violated fundamental principles of this country's constitution.

Of course, right on cue, the pearl clutching set over at Lifesite are falling onto their fainting couches:
According to Gwen Landolt, a lawyer and national vice president of REAL Women, the Supreme Court “seems to be in a tizzy” because it has disregarded the basic legal principle that the court stand by its previous rulings. She noted that the Supreme Court had upheld the ban on solicitation in 1990. 
“It’s no longer the court of last resort. It’s now the court of interim resort,” she said. “Everything is up for grabs now. They’ll just change their minds according to the current trend.” 
“The only positive thing coming out of this is that we know the prostitution law was not strong enough to protect women and the community,” she said. “Now we hope the Conservative government will go back and create a law that will provide proper protection for women and for the communities.” 
 Uh yeah, Gwen - "the current trend" is actually evidence-based...


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