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
Most of Canada to receive emergency alert test today
The federal government will test its capacity to issue emergency alerts today, with the exception of Ontario, where the test will take place on May 15.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests about relationship with Prince Harry
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
Ontario man devastated to learn $150,000 line of credit isn't insured after wife dies
An Ontario man found out that a line of credit he thought was insured actually isn't after his wife of 50 years died.
Boy Scouts of America is rebranding. Here's why they're now named Scouting America
After more than a century, Boy Scouts of America is rebranding as Scouting America, another major shakeup for an organization that once proudly resisted change.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
Rape, terror and death at sea: How a boat carrying Rohingya children, women and men capsized
In March, Indonesian officials and local fishermen rescued 75 people from the overturned hull of a boat off the coast of Indonesia. Until now, little was known about why the boat capsized.
'A huge difference': These adults born in the '90s partnered with their parents to buy homes in Ontario
An Ontario woman said it would have been impossible to buy a house without her mother – an anecdote that animates the fact that over 17 per cent of Canadian homeowners born in the ‘90s own their property with their parents, according to a new report.
For their protection, immigrants critical of China and India call for speedy passage of Canada's foreign interference legislation
Canadian immigrants threatened by hostile regimes are urging parliamentarians to quickly pass the 'Countering Foreign Interference Act' so they can feel safe living in their adopted home.
How Drake and Kendrick Lamar's rap beef escalated within weeks
A long-simmering feud between hip-hop superstars Drake and Kendrick Lamar reached a boiling point in recent days as the pair traded increasingly personal insults on a succession of diss tracks. Here’s a quick overview of what’s behind the ongoing beef.