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Just logged into the @SWWACwpg Summit. So exciting!
First up: "See you in court!"
A panel on the Charter Challenge to PCEPA (Protection of Communities and Exploited Persons Act). #SWWACSummit
First up: "See you in court!"
A panel on the Charter Challenge to PCEPA (Protection of Communities and Exploited Persons Act). #SWWACSummit
The case was launched earlier this year by the Canadian Alliance for Sex Work Law Reform. It's the first sex worker led case to challenge these laws! Which, imo, is very cool (and necessary). #SWWACSummit
This case is based on the Bedford case (2014), which also challenged laws that criminalized various aspects of sex work. The SCC struck down these laws. Unfortunately, the government, went ahead with Bill C-36, again criminalizing sex work. #SWWACSummit
Jenn Clamen of Canadian Alliance for Sex Work Law Reform says, "As long as criminal law regulates any part of sex work, and sex workers will cont to avoid detention by law enforcement, will continue to live and work in precarious positions." #SWWACSummit
Tara Santini up now, to explain the nuts and bots of the case.
The Canadian Alliance for Sex Work Law Reform ("Alliance") is challenging s. 213 - which criminalized the communicating in public spaces.
Santini says, regardless of whether it's being enforced is irrelevant - it's a tool used to control sex workers.
Santini says, regardless of whether it's being enforced is irrelevant - it's a tool used to control sex workers.
The Alliance is also challenging s. 286.1, which criminalizes ALL clients who obtain or try to obtain sexual services.
There are several "third party" offences in the Criminal Code that the Alliance is also challenging. First, s. 286.2(1) [to receive a material benefit]; s. 286.3(1) [facilitates the selling/buying of sexual services]; s. 286.4 [advertising].
The Alliance is challenging these provisions based on several Charter articles: ss. 7 (life, liberty, security of the person), 15 (equality), and 2 (freedom of expression, association).
Sandra Ka Hon Chu now explaining where, which level, and the participants of the case.
There are five sex workers as applicants in the case. Again, this is the first sex workers led Charter challenge. Yay for proper representation! #SWWACSummit
There are five sex workers as applicants in the case. Again, this is the first sex workers led Charter challenge. Yay for proper representation! #SWWACSummit
In two recent cases in Ontario - Anwar and NS - the judges found the above noted provisions were UNconstitutional. #SWWACSummit
This is very compelling, says Sandra, but that doesn't mean police won't continue to enforce these provisions.
This is very compelling, says Sandra, but that doesn't mean police won't continue to enforce these provisions.
Santini differentiates the current case from Bedford by noting that only Security of the Person (SoP) and Liberty were raised under section 7. The Alliance is now also raising Life and Personal Autonomy.
On s. 7, Santini notes the great advances (in law + society) that have happened since Bedford, but says we need to "move the conversation past the right of sex workers not to be murdered, raped, or get STIs." #SWWACSummit
With regard to s. 15, the Alliance can't argue that sex workers are protected under this provision, but they will argue that the MAJORITY of sex workers are protected under one of the protected grounds. #SWWACSummit
Alliance is grounding s. 15 arguments in: gender (most SWs are trans + cis women); occupational status* (criminalizing conduct not criminalized in other jobs); intersecting communities* (Indigenous, trans, disability).
*These two are not explicitly noted in the jurisprudence.
*These two are not explicitly noted in the jurisprudence.
On s. 2b (freedom of expression): Laws currently bar SWs from communicating in public to sell sex; hinder ability for SWs to provide clear consent; hard for SWs to collect information
On s. 2a (freedom of association): The Alliance wants to talk about SW within a labour context. Laws prohibit SWs associating with others. Need to change this.
Jenn Clamen again to talk about the importance of this case.
Sex workers "need to sit down and engage with the institutions that write the laws."
Sex workers "need to sit down and engage with the institutions that write the laws."
It is so significant when SW rights are recognized, on both a collective level, but also personal level - to feel seen. #SWWACSummit
The legal arguments are also based on the rights of sex workers. Not clients. Not workers. It will determine how the sex industry overall is organized. #SWWACSummit
Clamen says, "We fight for the decriminalization. It's been a battle for over 50 years. Decriminalization is a first step, but part of a bigger story, and more is needed."
Clame says it's important that SWs engage with the institutions that control their lives, day to day. We hope to build up momentum in our communities around the immediate need of law reform.
Regardless of the legal outcome, sex workers will continue to be criminalized. Law enforcements target SWs. For example - migrant sex workers are always targeted for arrest and potentially deportation. Black, Indigenous, trans sex workers will continue to be profiled.
Removal of the laws are a first step. They will eliminate some of the tools that police have. But, Clamens say, we must fight for decriminalization. We also need to amend sections or IRPR that ban migrants from sex work industry. We need to protect SWs of colour. #SWWACSummit
The Alliance takes a holistic approach. It is focused on also fighting for: decriminalization of drugs, end to child apprehension, decriminalization of HIC non-disclosure, affordable housing for all. #SWWACSummit #SexWorkIsWork
