canpol, sex work, + 

Judge rules key federal sex work laws unconstitutional

An Ontario Superior Court judge has declared unconstitutional legal provisions that ban sex workers from being able to work safely, including by being able to advertise on third-party platforms, hire security, work together and communicate with clients.


“The legislation allows commercial sex work to continue,” Sutherland wrote in his decision, finding that the law breaches the right of sex workers to life, liberty and security of the person.

· · SubwayTooter · 1 · 13 · 17

canpol, sex work, + 

“The legislation cannot stand in the path of commercial sex workers who take steps to protect themselves and their health from violence or harm... The scheme created by Parliament, I find, does exactly that: grossly limits or prevents sex workers from taking steps to protect their health and safety. And in so doing, makes the allowed activity more dangerous.”

canpol, sex work, - 

But, she stressed, the ruling is just a partial victory.

It does not address other provisions in the act including banning the purchase of sex and communication for the purpose of purchasing sex, which makes it difficult for sex workers to screen clients who are trying to avoid detection, she said. The law also contributes to the stigmatization of sex workers and can encourage them to be seen as targets for violence, she said.

canpol, sex work, - 

The decision was welcomed by the Canadian Alliance for Sex Work Law Reform, which launched their own constitutional challenge of the entire act last month.

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