Another article on the recent decision by a federal judge in Canada to declare three federal statutes criminalizing prostitution to be unconstitutional has a very interesting basis in Canadian legal theory, “the right not to be harmed.” Apparently the theory goes something like this:
The criminalization of prostitutes creates conditions wherein they operate on the underground rather than in an open business climate with safeguards to protect the prostitutes. By eliminating the criminal aspect of the enterprise and allowing them to operate in an open and public capacity the harmful racketeering aspects would be eliminated etc…
In a previous Supreme Court ruling relied upon by this Federal Judge, swingers clubs were legalized to eliminate a similar “right not to be harmed.” In that case, the two dissenting jurists argued that…”rights to polygamy…” now have “…justifiable hope…”
There is Supreme Court precedent not only in religious, equal treatment under the law, and right to free association, but also the constitutional “right not to be harmed…”
Canadian jurisprudence is getting more and more interesting as we delve into the research of Canadian law. It is blatantly obvious that polygamists, including polygynists also have a “constitutional right not to be harmed.
~Submitted by HJD
To view the article, click here.
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