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
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.