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A coalition of sex workers and their advocates have filed a legal challenge to Canadian laws governing the sex trade, alleging the laws are unconstitutional.
The constitutional challenge was filed Tuesday in the Ontario Superior Court of Justice by the Canadian Alliance for Sex Work Law Reform, which represents 25 groups that work with members of the sex trade, CBC reports.
It takes aim at the sex-work laws implemented in 2014 under the Protection for Communities and Exploited Persons Act, alleging they violate parts of the Charter of Rights and Freedoms.
The 2014 amendments criminalized only the purchase of sex, not the selling of it, and gave immunity from prosecution to those who sell and advertise their own sexual services.
But under the act, it is illegal to communicate for the purpose of offering sexual services, purchase sexual services, receive financial or other benefits from the purchase of sexual services, recruit a person for sex work or advertising the sale of sexual services of others.
These laws have pushed the sex trade even more underground, making it more dangerous for sex workers, Canadian Alliance for Sex Work Law Reform spokesperson Jenn Clamen told CBC.
“Sex workers are still living in a criminal regime and they’re still working in that criminal regime, and it’s been difficult.”
The claimants allege one of the most difficult parts of the law is that it prohibits sex workers from collaborating with third parties, CBC reports.
The legal challenge says third parties such as escort agencies and massage parlours, “provide vital services and supports to sex workers, notably for the most marginalized sex workers who do not have the resources to work independently or hire their own supports.”
The criminalization of sex-trade work also continues to stigmatize the profession, leading to less safe working conditions and increased likelihood of non-payment, the claim says.
Six sex-trade workers are named in the claim, CBC reports. One is Ontario woman Tiffany Anwar, who was involved in a 2020 case where charges were brought against her under the Protection for Communities and Exploited Persons Act.
The judge ruled that the laws were so broad, they prohibited sex-trade members from working co-operatively with one another and exposed them to an increased risk of exploitation, setting an important precedent, CBC reported.
“Right now sex workers can’t work collaboratively with third parties, so these laws criminalize managers, receptionists, security personnel. Third parties provide vital support,” Anwar said.
What do you think about the legal challenge to Canada’s laws around sex work? Let us know in the comments!
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