legal news for ontario sex workers

June 20 2011

All laws concerning prostitution both in Ontario and Canada more broadly are still in place. Nothing has changed for sex workers and we are advising sex workers to take all of their normal precautions against facing arrest. This means that the only legal form of prostitution continues to be providing outcalls to a client's home while *not* communicating about it in a public place.

This past week, the Ontario Court of Appeal heard arguments about whether to strike down three of the laws concerning sex work. You can read more about the case here. Maggie's was an intervenor in the case, along with POWER (an Ottawa sex workers rights group) and you can read our submission to the court here. The 5 judges of the Ontario Court of Appeal are now considering the arguments and are keeping the old sex work laws in place until further notice. Again, this means that nothing changes for Ontario sex workers. A decision by the judges is expected in 6-12 months.

April 22 2011

The week of April 7, Ottawa region police conducted city-wide prostitution sweeps, making 28 arrests. This confirms what we reported in 2010 that sex workers and their clients continue to face arrest and repression by police despite last September's legal decision. A reminder that for sex workers, NOTHING HAS CHANGED legally and the same laws are all in place.

December 2 2010

Today the Ontario courts made a decision that the sex work laws will stay in place until at least April 29 2011. This means that NOTHING IS CHANGING for the legal situation of sex workers. The laws are all still in place and we recommend that you take the same precautions you've been taking until now to avoid law enforcement. See below for more information. Here is a link to today's ruling.

If you have any information on how these rulings are affecting your interactions with police and would like to share it with other workers, please contact us.

Oct 19 2010

As you may have heard, the Ontario Superior Court ruled on September 27 that 3 parts of the sex work laws are unconstitutional. We're thrilled about this but we do not know when the changes will come into effect and in the meantime, NOTHING HAS CHANGED.  From what we understand, things might not change for sex workers until an appeal is heard at the Supreme Court of Canada sometime in the next year. Until then, we don't expect any on-the-ground changes.

What has changed: we have word that the Toronto police are no longer doing certain kinds of sex work "sweeps" of street-based workers--but they recently busted a Markham massage parlour and are still doing regular arrests of sex workers. We recommend taking the same precautions you normally would to avoid arrest.

If you are a sex worker who has information about how things are changing on the ground and would like to share it with other workers, please contact us. We will do our best to continue to keep your updated on this changing situation. Click HERE for a copy of the entire decision by Justice Susan Himel.

September 28 2010: Ontario Court Strikes Down Prostitution Laws

Press Release

As an organization by and for sex workers, Maggie’s: The Toronto Sex Workers Action Project soundly applauds today’s ruling of prostitution laws as a violation of sex workers Charter rights.

Kara Gillies a long time sex worker and activist for law reform says, “After all these years it will be a relief to know that I along with fellow sex workers will be able to go to work can go to work without fearing arrest, incarceration and other violations of our rights as working people.”

“We are looking forward to the end of violence and abuse towards sex workers across this country; this includes stopping the continued prosecution and violence towards sex workers”. The time has come for sex workers and their work be regarded as rights deserving working individuals that provide valuable services, said Keisha Scott- Coordinator of Maggie’s: The Toronto Sex Workers Action Project.

“The courts have finally ruled to put an end to the criminalization of sex workers’ lives and work. This is a great day for sex workers rights,” said, Emily van der Meulen, of Maggie’s Board of Directors.

Last fall, three Ontario sex workers challenged Canada’s prostitution laws as unconstitutional because the laws violate their constitutionally-protected right to life, liberty, security of the person, and freedom of expression. Although prostitution itself is not illegal in Canada, it is against the law to keep a bawdy house, communicate for the purpose of prostitution, and live off the proceeds of prostitution. The plaintiffs – Amy Lebovitch, Terri-Jean Bedford, and Valerie Scott, of Sex Professionals of Canada (SPOC) – argued their case in front of the Superior Court of Ontario in October 2009, with Alan Young as counsel.

It is the laws that surround the legal exchange of sexual services for money that endanger the lives of sex workers”, said Keisha Scott- Coordinator at Maggie’s: The Toronto Sex Workers Action Project. Keisha pointed out that “the very forces that are there to protect individuals are the same forces that perpetuate violence and abuse of sex workers on a daily basis”. “It is a positive step of many towards the handing over of rights that sex workers have been denied for years.”

Contacts:

Communication Coordinator: Communications(at)maggiestoronto.ca

www.maggiestoronto.ca

Download this press release

More Info (report from CBC)

Print Page