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Sex Work Criminal Records Class Action Overview:
- Who: A former sex worker is suing the City of Vancouver and its police department, the British Columbia Attorney General, the federal Justice Department and the Royal Canadian Mounted Police.
- Why: The class action lawsuit alleges those with criminal records relating to sex work are being harmed when they seek work, despite those crimes having been thrown out.
- Where: The lawsuit was filed in British Columbia.
A former sex worker has filed a class action lawsuit in the British Columbia Supreme Court to force criminal records relating to sex work to be removed from police information systems, as it is now legal to sell sex.
Plaintiff Susan Davis filed the class action lawsuit Feb. 16 against the City of Vancouver and its police department, British Columbia’s Attorney General, the federal Justice Department and the Royal Canadian Mounted Police, the Canadian Press reports.
According to Davis, she wanted to volunteer for a community policing foundation in 2020; however, when her sex work “offenses” were disclosed through a criminal record check, she was deprived of control over “when, where and who to tell about her convictions.”
Canada’s highest court threw out many laws relating to sex work nine years ago.
In that decision, the court found that the laws that criminalized making money from sex work violated constitutional rights to life, liberty and security of the person.
2014 Law Criminalized Purchase Of Sex, Not Sale Of It
Under 2014 changes to the Protection for Communities and Exploited Persons Act, a number of new 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.
However, members of the proposed class still have convictions, charges or police interactions related to sex work on their records from before the Supreme Court of Canada struck down many sex work laws in 2013.
The claim says criminal record checks are required for many employment and volunteer positions, and that the disclosure of sex work records to potential employers, schools and other organizations can harm applicants’ chances.
The lawsuit also alleges that one or more of the defendants sent sex work records to immigration, border and policing authorities in the United States, Australia and the European Union.
The lawsuit asks the court for an order requiring defendants permanently delete all such records in their possession.
“Sex-work records constitute private information of a personal and confidential nature and are not evidence of criminality,” the lawsuit says. “There is no lawful authority to keep, maintain, use, access or disseminate sex work records.”
What do you think should happen to the criminal records? Let us know in the comments!
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