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
Air quality advisories issued in 5 provinces, 1 territory
Air quality advisories are in effect across Western Canada as smoky conditions plague some areas, according to the latest forecasts. Here's where.
'Oh my God, you're my brother': Man in his 70s discovers 6 unknown siblings
After receiving a DNA kit one Christmas from his son-in-law, Hugh McCormick soon discovered that he had six unknown siblings, with whom he shared the same birth parents.
No refund for travellers who cancelled flight already scrapped by airline: regulator
Four years on, the controversy over whether airlines owed refunds to passengers after cancelling hundreds of thousands of flights during the pandemic continues to simmer, aggravated by a sluggish, opaque complaints process.
Just how bad are ultraprocessed foods? Here are 5 things to know
Many foods fall under the category of ultraprocessed foods, depending on their exact ingredients. This type of food has been studied a lot lately, and the results aren’t great.
'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.
Rates of cancer declining in Canada, but more work needed to save lives: projections
A new study projecting declining rates of cancer cases and deaths in Canada demonstrates the success of prevention and early detection programs, but also highlights areas where more work is needed to save and prolong lives, researchers say.
DEVELOPING Cohen expected to take the stand as testimony in Trump hush money case enters 4th week
The star prosecution witness in Donald Trump's hush money trial is set to take the stand Monday with testimony that could help shape the outcome of the first criminal case against an American president.
India's mammoth election is more than halfway done as millions begin voting in fourth round
Millions of Indians across 96 constituencies began casting their ballots on Monday as the country's gigantic, six-week-long election edges past its halfway mark. Prime Minister Narendra Modi is seeking a third straight term with an eye on winning a supermajority in Parliament.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.