File #1013: "gandm-19870326.pdf"
Text
I' I ·,z
NATIONAL
:Prostitutes jailed unfairly, groups say
Boundaries
and curfews
in bail terms
BY ANN RAUHALA
The Glolle and Mail
Unreasonable bail conditions,
including curfews and boundaries
that amount to house arrest, are
among the measures being taken
against those picked up under
. ;federal anti-prostitution law, activists for prostitutes' rights say.
Although the constitutionality of
Section 195.l of the Criminal Code
is being challenged in the courts,
. ,police are still using the section in
sweeps aimed at "cleaning up"
downtown cores in Toronto, Montreal, Ottawa and Vancouver. the
activists complained yesterday.
Women who plead not guilty to
charges are being penalized by
the imposition of curfews and long
periods in custody without trial,
Val Scott of the Canadian Organi. zation for the Rights of Prostitutes
said at a news conference.
. · Many women are pleading
guilty immediately to avoid
,spending days in custody, she
said.
Last Thursday night, Metro
Toronto Police arrested more than
Chuck Barhydt
80 people who were kept in custody until Friday morning. Those
who pleaded not guilty on Friday
and asked for bail were told that
they would either have to accept
bail conditions or remain in custody until Monday or Tuesday.
Under the conditions, women
have to stay out of certain neighborhoods and must stick to a curfew after 9 p.m. and before 6 a.m.
Violating the terms of bail results
in a six-month jail sentence.
Gillian Ridgerson
Chuck Barhydt. a lawyer acting
for one of those arrested, told
reporters that in the normal
course of events a person charged
under anti-prostitution law might
expect a court appearance, a fine
and no more than a half-hour or so
in custody .
By arranging the sweep for a
Thursday, he said, police "put
women in the position of having to
stay in custody for five days. The
police know how the system
works."
He said his client agreed to the
terms because she did not want to
be away from her child for five
days, "a penalty she would never
have faced if she were found
guilty."
"I feel my client has been p,.,nalized before she·s had a chance
to appear before the courts.··
Prostitution is not a crimin:il
offence, although related activities such as communicating for
the purpose of prostitution are.
The Canadian Organization for
the Rights of Prostitutes argues
that the provisions of federal law
are absurd, inappropriate and
dangerous to prostitutes. and
maintains that decriminalization
is the only solution.
The group was joined yesterday
by representatives of the National
Action Committee on the Status of
Women, the Elizabeth Frye Society and the newly formed Citizens
Organization for the Repeal of
Prostitution-Related Laws.
Gillian Ridgerson, a member of
the new group, told reporters that
the real nuisances in downtown
Toronto are high rents, poor government services and arbitrary
and intrusive policing.
"Prostitutes are part of the
neighborhood," she said in an
. interview later. "l don't think it's
valid to make them the scapegoats."
'Condom patrols,' threats cited at hearing
BY THOMAS CLARIDGE
The Globe and Mail
Street prostitution in Toronto has led to death
·threats being directed at homeowners and "condom patrols" being carried out by school au.th'orities. a Provincial Court judge was told yesterday.
Crown counsel John Hambidge also said drug
trafficking and depressed property values were
offshoots of a problem Parliament was addressing in 1985 when it amendca<l the Cr·iminal Code
to outlaw commuuicalions (or the purpose o(
eugaging in prostitution.
'Mr. Hambidge was responding to an invita1ion by Judge June Hern ha rd for argument on
whether the new law is demonstrably justifit.a<l in
a free and democratic society. The judge issued
the invit:ition last August in ruling that the legislation infringes on guarantees of free speech
co!ll:.tined in the Charter <Jf Rights :ind Freedoms.
Under Section I (if the'. Ch:1rter. all s1,ecific-<l
rights and freed oms an~ mad,~ subject to "such
n•asonal>lc limits prescriiJ,_,d by law as can be
demonstrably justified i11 a fr•:l' a11d democratic
~ncietv _
..
The, c(111s1itu11011;ilit,· 11f th,, :imemkd l:iw has
lr.>•'11 ch;1llenged by l;1wver i'l'll'r i\l;tlrn1,,y,
wil,Jse client. "1-ve:ir-old .len111f,,r S:nilh. was
ch:iq~(·d \·nth 1hc cun1n1t1111c;1111m offt·ncc un J:1n.
15, 1986. She and an alleged client, Raymond
Fortner, were charged after engaging in a conversation near the corner of Wellesley and Sherbourne streets in Toronto's Cabbagetown area.
The Crown and the defence have produced a
foot-thick pile of documents ranging from transcripts from a four-day hearing to relevant
court decisions in Canada and the United States.
The oral submissions are expected to last at
least two days.·
Revelations or the extent of the street-prostitution problem in Toronto's Cabbagetown and
Lakeshore motel strip were made in a JS-page
written submission by Mr. Hambidge and Crown
counsel Michael Bernstein.
Judge Bernhard was told that area residents,
pedestrians and workers had been subjected to
verbal and physical harassment.
"One gentleman asked somE.'Dne to move from
in front of his house and had his front teeth
knocked out," the Crown said. "Actions to remove prostitutes and pimps from the property
of their houses have resulted in broken windows.
thr·eats to bun1 down the complai11:111t 's house
and death threats."
The court was told th:it a man circul:iting ;,
petition against prostitution in his neighbud1ood
"was threatened with ha\'ing both his legs hr11ken. His son was al must run down by a c:1r. ··
Some st;tff nwml><,rs :it \1:ellc·,kv I hi:<pi1 ;ii
required escorts to and from work and "sorn
prostitutes even proposition inside the hospital.
The submission also told of:
• Bumper-to-bumper traffic in "track" neig\
borhoods between 6 p.m. and 5 a.m. every night
• Residents and merchants spending the:
mornings picking up fast-food litter and contr:
ceptives. "A school principal in the area mu:
conduct a condom patrol every Monday mon
ing."
• Residents witnessing couples openly eng:1gi1·
in intercourse. ("On four occasions one reside,
has pulled his car into the laneway beside h
home to find sexual acts being committed on h
property.")
• Street-comer battles over territorv.
• Widespread use of illicit drugs, -particular
as a me:ins for pimps to control their pros:
tutes.
The judge was told that proclamation or the 11<:
l,tw has sharply reduced the problem_ "Presen
ly there is only :JO per cent of the numl~r ,
pnJstitutes that were on the street prior to ti
k~islation."' the submissi<.>n said.
'1n his .w_ritten submission. Mr. .Malo:h
agreed that sin..-ct prnstitulion was a serio:
nuisance. hul argued that the new law is st
unconstitlllional in that it goes too far by barri:
con,·ersations in pri\'ate, ;1s well a, pulilic. pl:,
C''-i.
NATIONAL
:Prostitutes jailed unfairly, groups say
Boundaries
and curfews
in bail terms
BY ANN RAUHALA
The Glolle and Mail
Unreasonable bail conditions,
including curfews and boundaries
that amount to house arrest, are
among the measures being taken
against those picked up under
. ;federal anti-prostitution law, activists for prostitutes' rights say.
Although the constitutionality of
Section 195.l of the Criminal Code
is being challenged in the courts,
. ,police are still using the section in
sweeps aimed at "cleaning up"
downtown cores in Toronto, Montreal, Ottawa and Vancouver. the
activists complained yesterday.
Women who plead not guilty to
charges are being penalized by
the imposition of curfews and long
periods in custody without trial,
Val Scott of the Canadian Organi. zation for the Rights of Prostitutes
said at a news conference.
. · Many women are pleading
guilty immediately to avoid
,spending days in custody, she
said.
Last Thursday night, Metro
Toronto Police arrested more than
Chuck Barhydt
80 people who were kept in custody until Friday morning. Those
who pleaded not guilty on Friday
and asked for bail were told that
they would either have to accept
bail conditions or remain in custody until Monday or Tuesday.
Under the conditions, women
have to stay out of certain neighborhoods and must stick to a curfew after 9 p.m. and before 6 a.m.
Violating the terms of bail results
in a six-month jail sentence.
Gillian Ridgerson
Chuck Barhydt. a lawyer acting
for one of those arrested, told
reporters that in the normal
course of events a person charged
under anti-prostitution law might
expect a court appearance, a fine
and no more than a half-hour or so
in custody .
By arranging the sweep for a
Thursday, he said, police "put
women in the position of having to
stay in custody for five days. The
police know how the system
works."
He said his client agreed to the
terms because she did not want to
be away from her child for five
days, "a penalty she would never
have faced if she were found
guilty."
"I feel my client has been p,.,nalized before she·s had a chance
to appear before the courts.··
Prostitution is not a crimin:il
offence, although related activities such as communicating for
the purpose of prostitution are.
The Canadian Organization for
the Rights of Prostitutes argues
that the provisions of federal law
are absurd, inappropriate and
dangerous to prostitutes. and
maintains that decriminalization
is the only solution.
The group was joined yesterday
by representatives of the National
Action Committee on the Status of
Women, the Elizabeth Frye Society and the newly formed Citizens
Organization for the Repeal of
Prostitution-Related Laws.
Gillian Ridgerson, a member of
the new group, told reporters that
the real nuisances in downtown
Toronto are high rents, poor government services and arbitrary
and intrusive policing.
"Prostitutes are part of the
neighborhood," she said in an
. interview later. "l don't think it's
valid to make them the scapegoats."
'Condom patrols,' threats cited at hearing
BY THOMAS CLARIDGE
The Globe and Mail
Street prostitution in Toronto has led to death
·threats being directed at homeowners and "condom patrols" being carried out by school au.th'orities. a Provincial Court judge was told yesterday.
Crown counsel John Hambidge also said drug
trafficking and depressed property values were
offshoots of a problem Parliament was addressing in 1985 when it amendca<l the Cr·iminal Code
to outlaw commuuicalions (or the purpose o(
eugaging in prostitution.
'Mr. Hambidge was responding to an invita1ion by Judge June Hern ha rd for argument on
whether the new law is demonstrably justifit.a<l in
a free and democratic society. The judge issued
the invit:ition last August in ruling that the legislation infringes on guarantees of free speech
co!ll:.tined in the Charter <Jf Rights :ind Freedoms.
Under Section I (if the'. Ch:1rter. all s1,ecific-<l
rights and freed oms an~ mad,~ subject to "such
n•asonal>lc limits prescriiJ,_,d by law as can be
demonstrably justified i11 a fr•:l' a11d democratic
~ncietv _
..
The, c(111s1itu11011;ilit,· 11f th,, :imemkd l:iw has
lr.>•'11 ch;1llenged by l;1wver i'l'll'r i\l;tlrn1,,y,
wil,Jse client. "1-ve:ir-old .len111f,,r S:nilh. was
ch:iq~(·d \·nth 1hc cun1n1t1111c;1111m offt·ncc un J:1n.
15, 1986. She and an alleged client, Raymond
Fortner, were charged after engaging in a conversation near the corner of Wellesley and Sherbourne streets in Toronto's Cabbagetown area.
The Crown and the defence have produced a
foot-thick pile of documents ranging from transcripts from a four-day hearing to relevant
court decisions in Canada and the United States.
The oral submissions are expected to last at
least two days.·
Revelations or the extent of the street-prostitution problem in Toronto's Cabbagetown and
Lakeshore motel strip were made in a JS-page
written submission by Mr. Hambidge and Crown
counsel Michael Bernstein.
Judge Bernhard was told that area residents,
pedestrians and workers had been subjected to
verbal and physical harassment.
"One gentleman asked somE.'Dne to move from
in front of his house and had his front teeth
knocked out," the Crown said. "Actions to remove prostitutes and pimps from the property
of their houses have resulted in broken windows.
thr·eats to bun1 down the complai11:111t 's house
and death threats."
The court was told th:it a man circul:iting ;,
petition against prostitution in his neighbud1ood
"was threatened with ha\'ing both his legs hr11ken. His son was al must run down by a c:1r. ··
Some st;tff nwml><,rs :it \1:ellc·,kv I hi:<pi1 ;ii
required escorts to and from work and "sorn
prostitutes even proposition inside the hospital.
The submission also told of:
• Bumper-to-bumper traffic in "track" neig\
borhoods between 6 p.m. and 5 a.m. every night
• Residents and merchants spending the:
mornings picking up fast-food litter and contr:
ceptives. "A school principal in the area mu:
conduct a condom patrol every Monday mon
ing."
• Residents witnessing couples openly eng:1gi1·
in intercourse. ("On four occasions one reside,
has pulled his car into the laneway beside h
home to find sexual acts being committed on h
property.")
• Street-comer battles over territorv.
• Widespread use of illicit drugs, -particular
as a me:ins for pimps to control their pros:
tutes.
The judge was told that proclamation or the 11<:
l,tw has sharply reduced the problem_ "Presen
ly there is only :JO per cent of the numl~r ,
pnJstitutes that were on the street prior to ti
k~islation."' the submissi<.>n said.
'1n his .w_ritten submission. Mr. .Malo:h
agreed that sin..-ct prnstitulion was a serio:
nuisance. hul argued that the new law is st
unconstitlllional in that it goes too far by barri:
con,·ersations in pri\'ate, ;1s well a, pulilic. pl:,
C''-i.