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Sex work laws in Canada: Constitutional challenge

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TORONTO –Ontario’s Superior Court dismissed a Charter challenge launched by groups advocating for the rights of sex workers, ruling Monday that Canada’s criminal laws on sex work are constitutional.

In a 142-page decision, Justice Robert Goldstein wrote that the Protection of Communities and Exploited Persons Act — brought in by the former Conservative federal government — balances the prohibition of “the most exploitative aspects of the sex trade” with protecting sex workers from legal prosecution.

“I find that Parliament’s response to a pressing and substantial concern is a carefully crafted legislative scheme … The offences minimally impair the Charter rights of sex workers,” Goldstein wrote. “The offences also permit sex workers to take safety measures.”

Goldstein found that sections of the Criminal Code outlawing communications or the stopping of traffic for the purpose of selling sexual services were constitutionally compliant and do not prevent sex workers from taking safety measures, engaging the services of non-exploitative third parties or seeking police assistance.

The Canadian Alliance for Sex Work Law Reform had argued in court last fall that the laws ushered in under former prime minister Stephen Harper fostered stigma, invited targeted violence and prevented sex workers from obtaining meaningful consent before engaging with clients — violating the industry workers’ Charter rights.

The alliance, which formed in 2012, represents 25 sex-worker organizations across Canada.

The new sex-work laws were passed in 2014, about a year after the Supreme Court of Canada struck down previous anti-prostitution laws. Even though prostitution was legal under previous laws, nearly all related activities — such as running a brothel, acting as a third-party manager and communicating in a public place for the purposes of prostitution — were against the law.

The new act made it against the law to pay for sexual services and for businesses to profit from it, and made communicating to buy sexual services a criminal offence. Sex workers themselves, however, are immune from prosecution for selling or advertising their services, as are non-exploitative third parties who materially benefit.

The sex workers’ alliance argued last October that the new laws are more restrictive than what they replaced and force sex workers, and people who work with them, to operate in the context of criminalization. Lawyers representing transgender, Indigenous and Black sex workers also argued the new laws disproportionately harm marginalized groups.

The alliance has said there shouldn’t be any criminal laws specific to sex work and advocates for a more regulated industry.

The federal government argued that legalization would lead to an in increase human trafficking, and the sex-work laws’ main objective is to “target and end the demand for sexual services.”

Goldstein wrote in his decision that decriminalization and regulation of sex work may be better policy choices, but that is up to Parliament, not the court, to decide.

“My duty is solely to determine whether the legislative scheme is Charter-compliant,” he said, also noting Canada’s approach mirrors those of what he called other free and democratic societies — Sweden, Norway, France and Israel included.

Among his key findings were that, when properly interpreted, the country’s laws do not prevent sex workers from working with each other or third parties who do not exploit them, such as security guards, or from seeking police assistance without fear of being charged for their work.

Goldstein wrote that much of the evidence provided in the case was coloured by limitations to available research on sex work in Canada, biases from witnesses on both sides as well as disagreements about the nature of the industry, like the number or percentage of those who enter or operate in the industry by choice rather than coercion or exploitative means such as human trafficking.

He further found that third parties can be exploiters or traffickers, as well as legitimate services such as security or booking services.

“Where a customer purchases sex, there is a significant possibility that the sex worker has been trafficked, manipulated, lured, forced and/or coerced into providing sexual services,” Goldstein wrote.

“Even where a sex worker has entered the sex trade by choice, there is a significant possibility that she has become subject to the control of an exploiter or a trafficker.”

Jenn Clamen, a co-ordinator with the sex workers’ alliance, said sex workers across Canada are “extremely devastated” by the ruling, finding it “not just insulting but also ignorant.”

“We find it extremely dismissive towards not just the systemic harms that sex workers outlined … but also that were outlined in the extensive record that we submitted,” through both research and testimony from sex workers, Clamen said.

The alliance took particular issue with Goldstein’s finding that there’s no “constitutional ‘right’ to engage in sex work” — which Clamen said they never legally argued — and his characterizations that sex workers misunderstand the laws, as well as conflations made between sex work and violence or human trafficking, Clamen said.

“It’s extremely patronizing to suggest that people who live in the application, the harms and the consequences of those laws every day don’t understand them,” she said.

The alliance plans to appeal the decision, Clamen said, while continuing to press the government to create a health-and-safety framework for sex work.

A government spokesperson said Attorney General Arif Virani was “carefully reviewing the decision.”

“Our government will always work to ensure that our criminal laws effectively meet their objectives, keep all Canadians safe, and are consistent with the Charter,” spokesperson Chantalle Aubertin wrote in a statement.

A House of Commons justice committee review last year of the new 2014 laws on sex work found the laws made sex work more dangerous. The committee asked the government to strengthen the Criminal Code by making additional resources available to victims and law enforcement combating exploitation.

Then-attorney general David Lametti acknowledged the laws were “divisive” and that more must be done to address the risks and harms sex workers face.

This report by The Canadian Press was first published Sept. 18, 2023.

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STD epidemic slows as new syphilis and gonorrhea cases fall in US

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NEW YORK (AP) — The U.S. syphilis epidemic slowed dramatically last year, gonorrhea cases fell and chlamydia cases remained below prepandemic levels, according to federal data released Tuesday.

The numbers represented some good news about sexually transmitted diseases, which experienced some alarming increases in past years due to declining condom use, inadequate sex education, and reduced testing and treatment when the COVID-19 pandemic hit.

Last year, cases of the most infectious stages of syphilis fell 10% from the year before — the first substantial decline in more than two decades. Gonorrhea cases dropped 7%, marking a second straight year of decline and bringing the number below what it was in 2019.

“I’m encouraged, and it’s been a long time since I felt that way” about the nation’s epidemic of sexually transmitted infections, said the CDC’s Dr. Jonathan Mermin. “Something is working.”

More than 2.4 million cases of syphilis, gonorrhea and chlamydia were diagnosed and reported last year — 1.6 million cases of chlamydia, 600,000 of gonorrhea, and more than 209,000 of syphilis.

Syphilis is a particular concern. For centuries, it was a common but feared infection that could deform the body and end in death. New cases plummeted in the U.S. starting in the 1940s when infection-fighting antibiotics became widely available, and they trended down for a half century after that. By 2002, however, cases began rising again, with men who have sex with other men being disproportionately affected.

The new report found cases of syphilis in their early, most infectious stages dropped 13% among gay and bisexual men. It was the first such drop since the agency began reporting data for that group in the mid-2000s.

However, there was a 12% increase in the rate of cases of unknown- or later-stage syphilis — a reflection of people infected years ago.

Cases of syphilis in newborns, passed on from infected mothers, also rose. There were nearly 4,000 cases, including 279 stillbirths and infant deaths.

“This means pregnant women are not being tested often enough,” said Dr. Jeffrey Klausner, a professor of medicine at the University of Southern California.

What caused some of the STD trends to improve? Several experts say one contributor is the growing use of an antibiotic as a “morning-after pill.” Studies have shown that taking doxycycline within 72 hours of unprotected sex cuts the risk of developing syphilis, gonorrhea and chlamydia.

In June, the CDC started recommending doxycycline as a morning-after pill, specifically for gay and bisexual men and transgender women who recently had an STD diagnosis. But health departments and organizations in some cities had been giving the pills to people for a couple years.

Some experts believe that the 2022 mpox outbreak — which mainly hit gay and bisexual men — may have had a lingering effect on sexual behavior in 2023, or at least on people’s willingness to get tested when strange sores appeared.

Another factor may have been an increase in the number of health workers testing people for infections, doing contact tracing and connecting people to treatment. Congress gave $1.2 billion to expand the workforce over five years, including $600 million to states, cities and territories that get STD prevention funding from CDC.

Last year had the “most activity with that funding throughout the U.S.,” said David Harvey, executive director of the National Coalition of STD Directors.

However, Congress ended the funds early as a part of last year’s debt ceiling deal, cutting off $400 million. Some people already have lost their jobs, said a spokeswoman for Harvey’s organization.

Still, Harvey said he had reasons for optimism, including the growing use of doxycycline and a push for at-home STD test kits.

Also, there are reasons to think the next presidential administration could get behind STD prevention. In 2019, then-President Donald Trump announced a campaign to “eliminate” the U.S. HIV epidemic by 2030. (Federal health officials later clarified that the actual goal was a huge reduction in new infections — fewer than 3,000 a year.)

There were nearly 32,000 new HIV infections in 2022, the CDC estimates. But a boost in public health funding for HIV could also also help bring down other sexually transmitted infections, experts said.

“When the government puts in resources, puts in money, we see declines in STDs,” Klausner said.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

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World’s largest active volcano Mauna Loa showed telltale warning signs before erupting in 2022

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WASHINGTON (AP) — Scientists can’t know precisely when a volcano is about to erupt, but they can sometimes pick up telltale signs.

That happened two years ago with the world’s largest active volcano. About two months before Mauna Loa spewed rivers of glowing orange molten lava, geologists detected small earthquakes nearby and other signs, and they warned residents on Hawaii‘s Big Island.

Now a study of the volcano’s lava confirms their timeline for when the molten rock below was on the move.

“Volcanoes are tricky because we don’t get to watch directly what’s happening inside – we have to look for other signs,” said Erik Klemetti Gonzalez, a volcano expert at Denison University, who was not involved in the study.

Upswelling ground and increased earthquake activity near the volcano resulted from magma rising from lower levels of Earth’s crust to fill chambers beneath the volcano, said Kendra Lynn, a research geologist at the Hawaiian Volcano Observatory and co-author of a new study in Nature Communications.

When pressure was high enough, the magma broke through brittle surface rock and became lava – and the eruption began in late November 2022. Later, researchers collected samples of volcanic rock for analysis.

The chemical makeup of certain crystals within the lava indicated that around 70 days before the eruption, large quantities of molten rock had moved from around 1.9 miles (3 kilometers) to 3 miles (5 kilometers) under the summit to a mile (2 kilometers) or less beneath, the study found. This matched the timeline the geologists had observed with other signs.

The last time Mauna Loa erupted was in 1984. Most of the U.S. volcanoes that scientists consider to be active are found in Hawaii, Alaska and the West Coast.

Worldwide, around 585 volcanoes are considered active.

Scientists can’t predict eruptions, but they can make a “forecast,” said Ben Andrews, who heads the global volcano program at the Smithsonian Institution and who was not involved in the study.

Andrews compared volcano forecasts to weather forecasts – informed “probabilities” that an event will occur. And better data about the past behavior of specific volcanos can help researchers finetune forecasts of future activity, experts say.

(asterisk)We can look for similar patterns in the future and expect that there’s a higher probability of conditions for an eruption happening,” said Klemetti Gonzalez.

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The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

The Canadian Press. All rights reserved.

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Waymo’s robotaxis now open to anyone who wants a driverless ride in Los Angeles

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Waymo on Tuesday opened its robotaxi service to anyone who wants a ride around Los Angeles, marking another milestone in the evolution of self-driving car technology since the company began as a secret project at Google 15 years ago.

The expansion comes eight months after Waymo began offering rides in Los Angeles to a limited group of passengers chosen from a waiting list that had ballooned to more than 300,000 people. Now, anyone with the Waymo One smartphone app will be able to request a ride around an 80-square-mile (129-square-kilometer) territory spanning the second largest U.S. city.

After Waymo received approval from California regulators to charge for rides 15 months ago, the company initially chose to launch its operations in San Francisco before offering a limited service in Los Angeles.

Before deciding to compete against conventional ride-hailing pioneers Uber and Lyft in California, Waymo unleashed its robotaxis in Phoenix in 2020 and has been steadily extending the reach of its service in that Arizona city ever since.

Driverless rides are proving to be more than just a novelty. Waymo says it now transports more than 50,000 weekly passengers in its robotaxis, a volume of business numbers that helped the company recently raise $5.6 billion from its corporate parent Alphabet and a list of other investors that included venture capital firm Andreesen Horowitz and financial management firm T. Rowe Price.

“Our service has matured quickly and our riders are embracing the many benefits of fully autonomous driving,” Waymo co-CEO Tekedra Mawakana said in a blog post.

Despite its inroads, Waymo is still believed to be losing money. Although Alphabet doesn’t disclose Waymo’s financial results, the robotaxi is a major part of an “Other Bets” division that had suffered an operating loss of $3.3 billion through the first nine months of this year, down from a setback of $4.2 billion at the same time last year.

But Waymo has come a long way since Google began working on self-driving cars in 2009 as part of project “Chauffeur.” Since its 2016 spinoff from Google, Waymo has established itself as the clear leader in a robotaxi industry that’s getting more congested.

Electric auto pioneer Tesla is aiming to launch a rival “Cybercab” service by 2026, although its CEO Elon Musk said he hopes the company can get the required regulatory clearances to operate in Texas and California by next year.

Tesla’s projected timeline for competing against Waymo has been met with skepticism because Musk has made unfulfilled promises about the company’s self-driving car technology for nearly a decade.

Meanwhile, Waymo’s robotaxis have driven more than 20 million fully autonomous miles and provided more than 2 million rides to passengers without encountering a serious accident that resulted in its operations being sidelined.

That safety record is a stark contrast to one of its early rivals, Cruise, a robotaxi service owned by General Motors. Cruise’s California license was suspended last year after one of its driverless cars in San Francisco dragged a jaywalking pedestrian who had been struck by a different car driven by a human.

Cruise is now trying to rebound by joining forces with Uber to make some of its services available next year in U.S. cities that still haven’t been announced. But Waymo also has forged a similar alliance with Uber to dispatch its robotaxi in Atlanta and Austin, Texas next year.

Another robotaxi service, Amazon’s Zoox, is hoping to begin offering driverless rides to the general public in Las Vegas at some point next year before also launching in San Francisco.

The Canadian Press. All rights reserved.

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