Vaughan pushes ahead with massage parlour appeal

‘Waste’ of tax dollars, say detractors of legal fight

Yorkregion.com
Aug. 6, 2015
By Jeremy Grimaldi

Vaughan is, once again, planning to appeal two separate decisions striking down parts of its body-rub parlour licensing bylaw.

The city is trying to salvage the early 2000s guidelines that prescribe hours of operation for the businesses and clothing requirements for attendants.

The action comes after Justice Rhonda Shousterman struck down the rules in 2013, saying Vaughan is trying to legislate prostitution, something she decided was not an issue for municipalities, rather one for criminal law.

This means attendants can be nude and there are no time limits on when the establishments can remain open.

Another nail in the coffin came at the beginning of July, when Justice William A. Gorewich of the Ontario Court of Justice agreed and upheld Shousterman’s decision.

Now the city, with the help of the Region of York, is hoping to head back to the Ontario Court of Appeal.

Although the region wouldn’t comment on the matter as it is before the courts, Vaughan said it believes in its stance, which argues the bylaw should be permitted by the 2001 Municipal Act and within its constitutional authority to enact.

“The regulations regarding hours of operation and clothing requirements at body rub parlours are intended to protect Vaughan citizens and visitors, including patrons of these establishments, “said a City of Vaughan spokesperson. “They are designed to ensure safety and to reduce the conditions leading to nuisance, as well as the spread of communicable diseases ... both of which are valid municipal purposes.”

The city told The Citizen that it cannot release the amount of money it has spent so far, saying that’s protected by solicitor/client privilege.

Not everyone is on board with the action.

Antony Niro, a former councillor candidate for Maple, said Vaughan is notorious for “wasting millions” by spending too long in court.

He cited another case involving Rizmi Holdings, in which the city spent thousands, if not millions, in court before eventually settling.

“Vaughan spends far too long in the courtroom,” he said. “It costs the taxpayer millions of dollars. They eventually settled, but could have done so years before.”

Casandra Diamond, a former prostitute and massage attendant in Vaughan, said she would never suggest trying to legislate an industry she said is “rife with prostitution.”

LICENCES WON’T STOP PROSTITUTION

“Body rub parlours are fronts for brothels,” said Diamond, now program director at Bridge North, an advocacy group for women in the sex trade located in Newmarket. “When they brought in licences, it was because they saw prostitution as a nuisance. They took it off the streets and put it behind closed doors. But that’s made it harder for women in the industry. It’s kind of giving permission to it. Even if they license facilities and attendants, there’s nothing to contravene prostitution.”

However, if Vaughan was looking to spend money on the issue, she said it could look at conducting interviews with attendants to ensure they weren’t being trafficked and improving requirements for medical tests.

“When they license attendants, they could have in-depth conversations rather than putting them in a queue with taxi drivers and hot dog vendors,” she added. “They’re still viewing this as a nuisance, trying to protect residents, rather than the girls in the industry.”

She added that women are having sex with customers in these massage parlours whether they like it or not and insisted many attendants are being controlled, robbed and abused by organized crime.

It was the owner of the Vaughan Spa, Eric Tsui, who began the legal action after receiving a ticket from the police for allegedly staying open too late.

He said the city is taking the fight to the next level with this appeal.

‘IT’S TAXPAYERS’ MONEY’

“In other municipalities, I understand there are rules that, before the city goes to appeal, councillors must vote on whether they approve of that or not,” he said, noting he hasn’t heard of that happening in Vaughan. “I feel as though they are using their dominant financial position to keep fighting this. It’s fighting for the sake of fighting. After all, it’s not their money, it’s taxpayers’ money.”

His case is being handled by Alan Young, the Osgoode Hall Law School professor and one lawyer behind retired dominatrix Terri-Jean Bedford’s fight to overturn Canada’s prostitution laws. It was only after the pair won their decade-long battle that the government was forced to rework prostitution laws, which now criminalize the buying of sex.

Sgt. Peter Casey, from York Regional Police’s VICE unit, said since the new laws came into place, his squad’s resources have been directed at women being exploited, regardless of if they’re in the streets or in bawdy houses.

“If we get information that someone is in there unwillingly or being exploited, we will look into that,” he said.

A website called rubmaps.ca says there are 11 erotic massage parlours in Vaughan, Markham and Richmond Hill, but Diamond says there are countless others in condos and homes.
One aspect of Vaughan’s bylaw that has remained is that attendants be free from communicable disease.

The next step for Vaughan if it loses the appeal would be the Supreme Court.