An escort is silhouetted against a window as she poses at a downtown Vancouver apartment, Sunday, Feb. 12, 2017. An alliance of 25 sex worker rights groups says the Criminal Code violate sex workers’ constitutional rights to security, personal autonomy, life, liberty, free expression, free association, and equality. THE CANADIAN PRESS/Jonathan Hayward

An escort is silhouetted against a window as she poses at a downtown Vancouver apartment, Sunday, Feb. 12, 2017. An alliance of 25 sex worker rights groups says the Criminal Code violate sex workers’ constitutional rights to security, personal autonomy, life, liberty, free expression, free association, and equality. THE CANADIAN PRESS/Jonathan Hayward

Criminal laws violate charter rights of sex workers, advocates say in court challenge

Canadian Alliance for Sex Work Law Reform say provisions violate sex workers’ charter rights

An alliance of 25 sex worker rights groups is asking the Ontario Court of Justice to strike down several sections of the Criminal Code as unconstitutional.

The Canadian Alliance for Sex Work Law Reform said the provisions violate sex workers’ charter rights to security, personal autonomy, life, liberty, free expression, free association and equality.

Group co-ordinator Jenn Clamen says sex workers increasingly experience the heavy hand of law enforcement as a result of the criminal provisions.

“We have been patiently waiting on the empty promises of parliamentarians to uphold the rights of sex workers,” Clamen said.

“This government has spent five years paying lip service to human rights and to feminism, and it’s time for them to act.”

The Supreme Court of Canada ruled in 2013 that three prostitution prohibitions were unconstitutional because they caused harm to sex workers and contravened their rights to liberty and security.

The alliance said the Conservative government of the day missed an opportunity to make things better for sex workers and instead brought in new provisions under the Protection of Communities and Exploited Persons Act that have had negative effects.

It said the measures prohibit sex workers from:

• negotiating conditions and establishing consent to sexual activity;

• obtaining relevant information from clients and engaging in other screening practices vital to safety;

• working in non-isolated, collective and indoor workspaces;

• and establishing important working and safety relationships with managers, receptionists, drivers and interpreters, as well as other sex workers who pool resources, services and knowledge.

NDP justice critic Randall Garrison said there has been no action from the Liberal government to protect the rights of sex workers.

He urged the government to complete a scheduled legislative review of the law passed under the Conservatives.

Sex workers have spent the last five years in a precarious position where they remain stigmatized and vulnerable to violence, he said.

“Unfortunately, there has been no action and instead advocates have had to start a court challenge to force the government to act.

Maan Alhmidi, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

People are shown at a COVID-19 vaccination site in Montreal, Sunday, April 18, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
211 new COVID-19 cases in Interior Health over the weekend

Currently, there are 875 active cases of the virus in the region

A nurse prepares a dose of the COVID-19 vaccine in Kelowna on Tuesday, March 16. As of April 19, more than 230,000 doses have been administered across the Interior Health region. (Phil McLachlan/Black Press)
More than 230K doses of COVID-19 vaccine administered across Interior Health

A total of 220,216 first doses and 13,775 second doses have been given to residents across the B.C. Interior

A class is in isolation after a potential exposure at J.V. Humphries School in Kaslo. Photo: School District 8
Kaslo school’s class isolated due to possible COVID-19 exposure

A class at J.V. Humphries School is home for the week

Village council saw an application to build a seven foot fence around a 3rd Ave. property in Nakusp. (Jocelyn Doll-Revelstoke Review)
Village of Nakusp sees application for seven foot fence

Council raised concerns about curb appeal

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Sunday’s storm rocked one of the ferries crossing Kootenay Lake. Photo: Dirk Jonker
VIDEO: Storm makes for wild ferry ride across Kootenay Lake

The video was captured by ferry employee Dirk Jonker

Families of two of three workers killed in a train derailment near Field, B.C., in 2019 have filed lawsuits accusing Canadian Pacific of gross negligence. The derailment sent 99 grain cars and two locomotives off the tracks. THE CANADIAN PRESS/Jeff McIntosh
Families of workers killed in Field train derailment allege negligence in lawsuit

Lawsuits allege the workers weren’t provided a safe work environment

(New Westminster Police)
4 youth arrested after 30-person brawl in New Westminster leaves 1 seriously injured

Police are looking for witnesses who saw the incident take place

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

Dr. Bonnie Henry gives her daily media briefing regarding Covid-19 for the province of British Columbia in Victoria, B.C, Monday, December 7, 2020. THE CANADIAN PRESS/Jonathan Hayward
Toddler marks youngest British Columbian to die related to COVID-19

Child one of eight people to die from virus this weekend

Chakalaka Bar & Grill remains open in defiance of orders from Island Health to close. (Cole Schisler photo)
B.C. health authority seeks injunction against restaurant defying COVID-19 orders

Chakalaka Bar and Grill plans to continue serving customers without public health compliance

Kimberley's Steve Tersmette has published Waterfall Hikes In Southern British Columbia, documenting 100 of the areas waterfalls.
Pharmacist Barbara Violo arranges all the empty vials of the Oxford-AstraZeneca COVID-19 vaccines that she has provided to customers at the Junction Chemist which is a independent pharmacy during the COVID-19 pandemic in Toronto, on Monday, April 19, 2021. THE CANADIAN PRESS/Nathan Denette
B.C. to open up AstraZeneca vaccines for all people 40+, set up clinics in hot spots

A total of 13 neighbourhoods and communities will receive the AstraZeneca vaccine

Most Read