Sex workers challenging criminal laws in court, citing Charter violation
The laws governing sex work are fostering stigma, inviting targeted violence and removing safe consent, an alliance of sex-worker rights groups argued as it began a constitutional challenge on Monday.
The Supreme Court of Canada struck down the prohibition on prostitution in 2013 after lawyers argued existing provisions were disproportionate, overbroad and put sex workers at risk of harm.
The Canadian Alliance for Sex Work Law Reform is at the Ontario Superior Court in Toronto this week to challenge the laws the Conservative government of former prime minister Stephen Harper brought in instead.
Lawyers representing the alliance argued the new laws are more restrictive than what they replaced and continue to criminalize sex work.
Michael Rosenberg said in court on Monday the laws making it illegal to advertise or communicate about buying or selling sexual services are "unacceptably dangerous," in part because they prevent health and safety checks, or meaningful conversations about consent, from happening.
The organization also said the new laws violate the Charter of Rights and Freedoms.
Jenn Clamen, a co-ordinator for the group, says it has a robust evidentiary record to lay out before the judge over four days of hearings this week.
”It does demonstrate the harms for all sex workers," she said in an interview Monday.
"The most marginalized sex workers suffer the brunt, but all sex workers, even the most privileged sex workers, are harmed by the current legislative regime."
She also said the laws force sex workers, and people working with them, to operate in the context of criminalization.
“That means sex workers, clients and third parties … are at any given moment always trying to avoid detection by law enforcement and police,” she said. “What that means is sex workers are currently and always forced into isolation because of the risk of criminalization.”
The alliance says there shouldn't be any criminal laws specific to sex work, and it has dozens of recommendations to create a more regulated industry.
The Canadian Alliance for Sex Work Law Reform formed in 2012 and includes 25 sex-worker organizations across Canada.
This report by The Canadian Press was first published Oct. 3, 2022.
CTVNews.ca Top Stories
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Solar storm puts on brilliant light show across the globe, but no serious problems reported
A powerful solar storm put on an amazing skyward light show across the globe overnight but has caused what appeared to be only minor disruptions to the electric power grid, communications and satellite positioning systems.
'It was violent': Police tear down U of A pro-Palestinian encampment Saturday morning
Multiple people at the protest camp torn down at the University of Alberta campus Saturday say police's actions against protesters were "violent" and "disproportionate."
Edibles, armchairs and adapters: Here are the recalls for this week
Health Canada announced various product recalls this week, including electric adapters, armchairs, cannabis edibles and vehicle components.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
Mother's Day movies that pull at ALL the heartstrings
This Mother's Day Weekend, take a look at some of the most emotional movies inspired by moms.
Potentially toxic chemicals hide in our drinking water and countless household objects, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Suspect sought after fatal slashing in downtown Toronto
Police are searching for a suspect in a homicide investigation after a man was slashed in downtown Toronto on Sunday.
Atlanta Hawks win 2024 NBA Draft Lottery, secure No. 1 overall pick
The Atlanta Hawks won the NBA draft lottery on Sunday, landing the No. 1 pick and a potential cornerstone player in a year where there’s no clear-cut choice.