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"The best test of a civilised society is the way in which it treats its most vulnerable and weakest members."

Mahatma Gandhi


 

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Sex work law reform

Under the current laws, sex workers in Canada are subject to severe forms of violence and discrimination. They are denied the basic human rights accorded to all Canadians under the Charter.

Law reform is an immediate step towards alleviating the harmful conditions in which sex workers conduct their work.

However, the safety, security and social inequality faced by street-level sex workers must also be addressed through increased access to services and increased public awareness.

Every sex worker who wants to exit the sex trade needs the option to do so. All sex workers, however, need the option to work safely, without fear of violence and exploitation.

A criminalized sex trade is an obstacle to both of these choices as it pushes sex workers to the margins of society and keeps them from re-entering through the imposition of a criminal record.

Most agree the status quo cannot continue. The laws must be repealed. Pivot believes law reform will only be initiated through strategic litigation in the Canadian court system.

Sex work reports

In an effort to develop a constitutional argument challenging the current laws criminalizing sex-work, Pivot has published two in-depth sex-work reports: Voices for Dignity and the follow-up Beyond Decriminalization.

The reports recommend a range of social and legal reforms aimed at improving the working conditions of sex workers, including the decriminalization of prostitution.

The federal government has already retreated from the issue. In December 2006, the federal government had an opportunity to act. Its Parliamentary Subcommittee on Solicitation Laws released its final report, The Challenge of Change.

The report failed to make any concrete recommendations to alleviate the human rights issues faced by sex workers.

The Committee’s findings demonstrate that change won’t be achieved through advocacy alone. The first step to protecting sex workers’ constitutional rights is to strike down the laws that infringe on these rights.

Launch of Beyond Decriminalization, June 2006
The Beyond Decriminalization panel discussion was opened on June 13, 2006 with an Aboriginal song and blessing from a group of First Nations and Métis women.

 

Vancouver, May 28, 2009:

Pivot appeals B.C. Supreme Court decision denying sex workers' right to challenge the criminal laws relating to adult prostitution

Notice of appeal and factum cam be found here:
SWUAV Notice of Appeal and Factum (pdf)

Intervenor Application Materials
TLABC Application (pdf)
BCCLA Application (pdf)
West Coast LEAF (pdf)

Read press release Legal organizations join the fight for sex workers’ right to challenge prostitution laws (May 28, 2009)

Background on Charter Challenge to the Criminal Laws Relating to Adult Prostitution DESWUAV & Kiselbach v. AG Canada (pdf 48 KB)

Read: Pivot launches CONSTITUTIONAL CHALLENGE

Read: Sex worker charter challenge denied
Supreme Court rules sex workers cannot challenge prostitution laws

(December 16, 2008)

Links to other sex workers' advocacy organizations, service and resource centres

Beyond Decriminalization cover

Read more about this report, with links to download it

Voices for Dignity cover

Download this report (pdf)

NOTE: Constitutional argumants made in this report are not the same as made in the new SWUAV report released in August 2007

The next step is to ensure sex worker’s human rights and freedoms through current legislation that recognizes sex workers as persons worthy of respect and dignity and accords them protection against all forms of discrimination and exploitation.

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Updated June 16, 2009


Pivot Legal Society, 678 Hastings St East, Vancouver, B.C. V6A 1R1 Canada, Tel. (+1) 604 255 9700