Current Projects

Sex Work Charter Challenge- In 2007, Pivot Legal Society was retained by sex workers from the Downtown Eastside to launch a Charter challenge to the laws surrounding adult prostitution . We brought the challenge on behalf of former sex worker Sheryl Kiselbach and the DTES Sex Workers United Against Violence (SWUAV), an organization run by and for street-based sex workers. The exchange of sex for money is legal in Canada however activities associated with prostitution including procuring, communicating for the purpose of prostitution and operating a bawdy house are illegal. The plaintiffs allege that the current legal framework violates the Charter rights of sex workers by forcing them to work in unsafe conditions.   The Federal Government has maintained that the plaintiffs do not have the right to challenge the laws because they are not directly impacted by them. In a decision rendered in October 2010, the BC Court of Appeal upheld the right of Kiselbach and SWUAV to challenge the laws. The federal government appealed the Court of Appeal's decision and that appeal was be heard by the Supreme Court of Canada in January 2012. We are awaiting a decision from the SCC which should render its decision at some point this year. 

Intervention in Ontario Sex Work Challenge – In September 2010, the Ontario Superior Court struck down three sections of the Criminal Code that relate to adult prostitution. In her decision, Justice Himel held that the laws are unconstitutional because they force sex workers to choose between their liberty and their safety. The Federal government appealed that decision and in June 2011, Pivot formed a coalition with SUWAV and PACE Society to appear as an intervenor before the Ontario Court of Appeal. We are awaiting a decision from the Ontario Court of Appeal which is expected to render its decision in the spring of 2012. The case is expected to be eventually heard by the Supreme Court of Canada, which would result in a decision that is binding across the country.

HIV Status Disclosure and Criminal Law- Pivot has joined forces with the Centre for Excellence in HIV/AIDS to work with women sex workers to develop a report examining the challenges faced by street-based sex workers in relation to the criminal laws around disclosing HIV status. Look for the report in the spring of 2012.

Regulatory Framework for Decriminalization- With the 2010 Ontario Court decision which declared the laws related to adult prostitution unconstitutional, it is important for provinces and municipalities to begin working with sex workers and other members of the community to develop an appropriate set of regulations for the sex industry. If this legislative change is to have the intended effect of keeping sex workers safe, it is imperative that sex workers have access to other legal protections, including employment protections and human rights. It is also essential that the relevant government ministries enact legislation to ensure that choosing not to work in the sex industry does not affect a person's entitlements to Employment Insurance or Income Assistance.  At the Municipal level, it is essential that local sex workers are meaningfully involved in developing a framework for governance issues, such as business licensing and city zoning. This process will be most effective if carried out in direct dialogue with those with the expertise and greatest investment in creating a safe and legitimate sex industry - sex workers themselves.

Past Victories

Documenting Sex Workers’ Experiences - Pivot has published two of the foundational reports on Canada’s prostitution laws.  In 2004, Pivot released Voices for Dignity: A Call to End the Harms Caused by Canada’s Sex Trade Laws, based on the affidavits of nearly 100 sex workers. The affidavits outline the expert opinions of sex workers and their experiences working within the current legal framework. They highlight the many ways in which Canada’s sex trade laws worsen the already harmful conditions under which sex workers live. In 2006, Pivot worked with sex workers from all segments of the industry to produce Beyond Decriminalization: Sex Work, Human Rights and a New Framework for Law Reform. This report remains one of the only studies to explore the question of how to effectively regulate the Canadian sex industry in a decriminalized environment. Both report were entered into evidence on in the Bedford Constitutional challenge to prostitution laws.

Sex Workers Share their Expertise with Parliament- In 2005, Pivot lawyer Katrina Pacey presented the affidavits collected for Voices for Dignity to the Parliamentary Subcommittee on Solicitation Laws. Katrina travelled to Ottawa to present to the Subcommittee, and then set up a private meeting for the Subcommittee with Vancouver sex workers in the Downtown Eastside. No media were invited and sex workers had an opportunity to appear as witnesses before the Subcommittee in a safe and accessible environment.