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Sex workers challenging criminal laws in court, citing Charter violation

Last Updated Oct 3, 2022 at 2:14 am MDT

A sex trade worker is pictured in downtown Vancouver on June, 3, 2014. An alliance of sex worker rights groups is in Ontario Superior Court today asking for several sections of the Criminal Code to be deemed unconstitutional. THE CANADIAN PRESS/Jonathan Hayward

OTTAWA — An alliance of sex worker rights groups is in Ontario Superior Court today asking for several sections of the Criminal Code to be deemed unconstitutional. 

The Canadian Alliance for Sex Work Law Reform says sections of the law that criminalize advertising sexual services and communicating to buy or sell sexual services violate workers’ Charter rights.

Group coordinator Jenn Clamen says it also forces sex workers to work in unsafe, isolated conditions.

She says there shouldn’t be any criminal laws specific to sex work, and has dozens of recommendations to create a more regulated industry.

The Supreme Court of Canada struck down the prohibition on prostitution in 2013, saying the laws were disproportionate and overbroad. 

But advocacy groups maintain the laws that were later put in place by the Harper government have failed to make things better for sex workers. 

This report by The Canadian Press was first published Oct. 3, 2022.

The Canadian Press