Canadian prostitution law challenged
From Canada.com
Two Vancouver lawyers will launch a constitutional challenge of Canada's prostitution laws, arguing they force sex workers
into unsafe conditions and infringe a sex worker's right to freedom of expression.
The prostitution laws . . . subject sex workers to increased risk of physical and sexual violence, psychological injury, kidnapping and death, says a
statement of claim to be filed in B.C. Supreme Court.
The prostitution laws deprive sex workers of the ability to lawfully conduct their work safely because they are prevented from taking steps to establish health and safety conditions in
their work, it adds.
On Thursday, lawyers Katrina Pacey of Pivot Legal LLP and Joseph Arvay planned to file the statement of claim on behalf of the Downtown Eastside Sex Workers United Against Violence Society, a group of mostly aboriginal
women, some of whom have experienced physical or sexual violence because of their work in the sex trade.
The basis of this whole case is that we have a Charter of Rights and Freedoms and that that Charter protects all of us equally, Ms.
Pacey said in an interview this week. Regardless of the type of work we are in, or how we live our lives, we should all have equal access to those fundamental protections.
Canadian law does not explicitly prohibit the exchange of sex for
money. Instead, there are sections in the Criminal Code that prohibit activities surrounding prostitution, such as: keeping a "bawdy-house;" procuring another person to have illicit sex; and communicating in a public place for the purposes of
engaging in prostitution.
A similar challenge was launched in Ontario earlier this year, and Ms. Pacey said though the two involve slightly different arguments it is possible they could be combined if they eventually reach the Supreme Court of
Canada.
In an interview Thursday, John Lowman, a criminologist at Simon Fraser University who has been researching violence in prostitution since the 1970s, said he thinks Canada's prostitution laws have forced sex workers into extremely
dangerous working situations, and applauded any challenge brought to the courts: Approaching 300 women [across Canada] have died, murdered, since 1985 when the communicating law was enacted. I say there is a direct correlation between our
prohibitionist approach to street prostitution and the slaughter that we've seen.
Update: Filed
13th August 2007
The writ has now been filed and the legal case is in motion
The Downtown Eastside Sex Workers
United Against Violence Society allege in a writ filed ithat prostitution laws violate Section 15, which makes it illegal to discriminate on the basis of occupation, among other things, because sex workers are treated differently from people who have
consensual sexual relationships that do not involve the exchange of money and they're treated differently from others who perform other personal services for pay.