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Rescuing Our Child Prostitutes

They arrive in the bus and train stations of our major Canadian cities - lonely and frightened, often hungry and broke. Frequently, they are running away from physical and/or sexual abuse at home or in foster care. These vulnerable adolescents, some as young as 12 years of age, are easily spotted by the pimps who hang out at these stations, and who select these youngsters as additions to their "stable" of prostitutes. Pimps befriend these vulnerable teenagers, feed them and provide them with clothes and a warm place to stay. Next comes dependency on alcohol, drugs and, of course, sex. At this point, the pimps are ready to push their young victims onto the streets to start earning money. If the youngsters balk, there are physical beatings, and more drugs used to propel them into the dark and dangerous world of prostitution. The average length of time young girls (and boys) survive on the streets is seven years before they die as a result of a homicidal act by a pimp or paedophile, a drug overdose, AIDS or from an act of suicide.

Something had to be done about this appalling situation. The Province of Alberta, under the inspired and determined leadership of MLA Heather Forsyth (Calgary - Fish Creek), came up with an answer. In 1999, as a result of her efforts, Alberta passed the Protection of Children Involved in Prostitution Act, which permitted police to pick up and detain children for 72 hours without charging them. Such action allows the youngsters to escape from their pimps and enables them to receive medical, psychological and addiction counselling and special legal services. More than 400 child prostitutes have been apprehended since this law was passed, some as young as 12 years of age. A similar law has also been passed in BC.

Of course, it wasn't long before this law was challenged and overturned (last July) on the basis that it violated the Charter of Rights as being an infringement of a child's liberties and freedom. Fortunately, the Alberta government sent this lower court decision on for a Judicial Review where a judge with a some common sense, Mr. Justice John Rooke of Alberta's Court of Queen's Bench, overturned the lower court decision saying "ultimately, because they are children, their (children's) right to liberty must give way to the overriding interest of protecting their general welfare as long as the procedures employed to do so are fair."

Just to be on the safe side, however, the Alberta Government did amend its legislation somewhat by enabling the police or Children's Aid workers to put a teenage prostitute into a "safe-house" for up to five days; they could then be required to apply for detainments to be increased up to a maximum of six weeks. Under this amendment, the children would also be informed that they may contact a lawyer and appear before a judge for a review.

Other Provinces to Enact Similar Legislation

Now that the Alberta Legislation has safely passed the "constitution test," other provinces, including Manitoba, Saskatchewan and Ontario, are enacting similar legislation. In December, Ontario was first out of the starting gate, tabling its legislation called the Protecting Children from Sexual Exploitation Act. The Ontario legislation is similar to that of Alberta in that it enables police to raid strip joints, bawdy houses and massage parlours to remove endangered children. Under this legislation, police in Ontario are also able to crack down on escort services, telephone or internet sex lines and the pornography industry which uses under-age children. With the permission of a judge, endangered children may be placed in a safe house for from five to as long as 30 days. Also, under this legislation, the driver's licenses of pimps and johns (those purchasing the services of prostitutes) will be removed for at least a year; with a second conviction, there will be a two-year suspension. It is estimated that there are 1,200 teenage prostitutes now working in Ontario who will benefit from this legislation.

Naturally, there was a sour note on this legislation in regards to the Globe and Mail, which imagines itself as the absolute authority on civil liberties, while denigrating anyone with a differing opinion (just note how it acts on the homosexuality issue). In its editorial of December 21, 2000, The Globe and Mail complained that the Ontario government was resorting to "questionable means" by stripping youths of their freedom. The Globe and Mail also opined that counselling the youths for 30 days "may release the frustration of those unable to reach these children previously" but won't do much good otherwise. The editorial concluded by stating:

If the message is that young people should respect themselves enough to get out of an abusive and exploitive relationship, the youths may wonder what sort of respect is being shown them by seizure and confinement against their will.

Isn't it a shame that the Globe and Mail doesn't have a little more common sense and shows so little concern about the sexual exploitation of these youngsters?

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