Sex workers fight for their right to challenge Canada’s prostitution laws

Vancouver, January 21, 2010 - Vancouver sex workers will be appearing before the BC Court of Appeal this week to fight for their right to challenge Canada’s criminal laws relating to adult prostitution.

In 2007, the Downtown Eastside Sex Workers United Against Violence Society (SWUAV), a non-profit society composed of street-based sex workers, and Sheryl Kiselbach, a former sex worker with 30 years of experience in the sex industry, filed a constitutional challenge to the criminal laws relating to adult prostitution. The federal government responded with an application to have the case struck out of court on the basis that neither plaintiff was an active sex worker.

In December 2008, the B.C. Supreme Court ruled that the plaintiffs did not have the legal right to initiate such a challenge because an individual active sex worker could be expected to bring such a case before the court. The Court rejected the plaintiffs’ argument that the highly public nature of the court process effectively prohibits active sex workers from launching a challenge due to fears of arrest and retaliation, as well as social stigma and discrimination.

“The outcome of this case will have a significant impact on access to justice for sex workers as well as other marginalized groups in Canada,” says Katrina Pacey, Pivot lawyer and counsel for the plaintiffs/appellants. “We will be arguing that the Courts should allow this case to proceed to trial and recognize the many barriers that sex workers face when attempting to have their basic human rights protected.”

The appeal is scheduled to be heard on January 21 and 22, 2010. SWUAV and Kiselbach will be represented by Joseph Arvay QC, Elin Sigurdson and Katrina Pacey. Also present in the court will be the B.C. Civil Liberties Association, West Coast LEAF, and the Trial Lawyers Association of B.C. who are intervening in support of the plaintiffs’ right to challenge the prostitution laws. No groups are intervening in support of the government’s position.

“I can’t believe that after 30 years of involvement in sex work, including criminal convictions, the Court decided that I was not entitled to challenge the prostitution laws,” says Sheryl Kiselbach, plaintiff. “I have the safety and support to do it now, but it was impossible for me to take on this fight while I was actively involved in sex work.”

Hearing dates: January 21 and 22, 2010 at 10:00 a.m.
Location: Courtroom 50, Vancouver Law Courts, 800 Smithe Street.