Canadian Sex Workers Are Making History

October 28, 2022

Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is inhumane.

According to a press release by the group, this case “… is the first constitutional challenge to PCEPA provisions initiated by sex workers, and the first to challenge all the provisions individually and together arguing they violate sex workers’ human rights to dignity, health, equality, security, autonomy and safety of people who work in the sex industry, which includes their right to safe working conditions,” the group said in a press release.

Below is a timeline of everything that’s happened so far.

TIMELINE

December 2013: Supreme Court of Canada renders its decision in Bedford v. Canada, striking down previously oppressive laws that criminalized prostitution.

December 2014: Canada passes the Protection of Communities and Exploited Persons Act, which employs the “Nordic Model,” criminalizing the purchase of sex, communication for the purpose of selling sex, gaining material benefit from sex, and advertising sexual services.

October 4 2022: The Canadian Alliance for Sex Work Law Reform begins arguing in a Toronto courtroom that the PCEPA endangers the health and safety of sex workers by cultivating stigma, encouraging violence, and endangering safe consent. They also argue that it violates the Canadian Charter of Rights and Freedoms.

Over the course of a few days, the court hears testimony from sex workers who feel their livelihoods and safety have been compromised by the PCEPA. The CASWLR also submits over 12,000 pages of research-based evidence demonstrating that Canada’s current legal framework regarding prostitution does not fulfill its original purpose of reducing sex work, and, in fact, only makes it dangerous.

The group’s goal is is to eventually decriminalize sex work in Canada, first by convincing the Ontario Superior court that the PCEPA is unconstitutional, after which they can bring their case to the Appeal Court and eventually the Supreme Court.

Attorney General David Lametti has 120 days to respond to the CASWLR’s recommendations.

October 7, 2022: The Sex Work Autonomous Committee (SWAC) gathers in front of the Montreal Courthouse in a rally to support the CASWR’s constitutional challenge to current Canadian sex work laws.

Click here for a more detailed look at The Canadian Alliance for Sex Work Law Reform’s case.

@CDNSWAlliance on Twitter

Canadian sex workers and allies rally to repeal PCEPA. @CDNSWAlliance on Twitter

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
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SESTA/FOSTA Explained

October 18, 2022

SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA).

These laws effectively suspend Section 230 of the Communications Decency Act of 1996, which stipulates that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

In simpler terms, it allows user-generated speech, such as comment sections and discussion boards, to remain uncensored.

SESTA/FOSTA amends Section 230 by suspending its protection in cases where online platforms are perceived to be promoting prostitution.

Online providers can now be held liable for posts perceived to be advertising sex on their sites. State law enforcement can prosecute these cases at their discretion.

Social media platforms are forced to censor user-generated content to avoid legal repercussions.

Under SESTA/FOSTA, our right to freedom of speech online is at risk.

How SESTA/FOSTA endangers sex workers

Sex workers once relied on the internet to create safety nets and protocols to keep themselves safe. They used online platforms to create networks, advertise, screen and approve clients, and schedule appointments from the safety of their own homes.

Without these resources, sex workers are quite literally pushed back onto the street, where they lack the means to plan client meetings ahead of time. This forces them into dangerous situations, making them more vulnerable to physical violence from un-screened clients and harassment by law enforcement.

How SESTA/FOSTA keeps victims of human trafficking in danger

Evidence shows that banning something does not end demand for it. By banning online sexual solicitation, SESTA/FOSTA doesn’t actually stop traffickers from trafficking, it just makes it easier for them to hide.

Law enforcement actually relies on online platforms for evidence in cases of human trafficking, and by censoring certain language from the internet, SESTA/FOSTA effectively scrubs away legal evidence, making it easier for cases of human trafficking to go undetected.

The US Department of Justice itself testified that SESTA would make it more difficult for law enforcement to investigate and prosecute human trafficking cases.

How SESTA/FOSTA censors free speech on the internet

Internet censorship tends to be based on loose perception and opinion rather than fact. SESTA/FOSTA allows state and federal law enforcement the discretion to judge what is and isn’t “appropriate.”

While this has predominantly affected sex workers and their ability to work safely, suppression of free speech could affect anyone, should law enforcement individuals feel that their speech is inappropriate.

One example of this is Craigslist’s shutdown of its Therapeutic Services page, which left people like Eric Koszyk, a massage therapist, without a means of advertising, screening clients, and scheduling appointments online.

Learn more about SESTA/FOSTA.

SESTA/FOSTA Explained

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
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October 13, 2022

DSW Legal Director Melissa Broudo and Staff Attorney Becca Cleary traveled to Puerto Rico to participate in the 13th biennial conference hosted by the National Harm Reduction Coalition (NHRC). The NHRC describes its gathering as “… the only conference of its kind in the United States. For four days, some of the most creative minds from the U.S. and abroad come together to address a myriad of complex issues facing the harm reduction movement.” The conference attracts advocates, activists, service providers, legislators, researchers, public health officials, and law enforcement interested in working towards a more just and equitable society and reducing the harms caused by structural violence, racialized policies, and the failed war on drugs.

Ceyenne Doroshow, Melissa Broudo, and Ciora Thomas discuss decriminalization.

Ceyenne Doroshow, Melissa Broudo, and Ciora Thomas discuss decriminalization.

Cleary and Broudo staffed a booth at the conference to connect with and educate attendees about the urgent need to decriminalize consensual adult sex work. The decriminalization of sex work is a core tenet of the harm reduction movement and shares many of its principals. The NHRC says that “advocating for legislation that protects sex workers rights is central to our mission.”

Broudo joined Ceyenne Doroshow, an author, activist, organizer, performer, and public figure in the trans and sex worker rights movements, and Ciora Thomas, founder and director of Sisters PGH, a trans rights housing organization in Pittsburgh, for a panel discussion. They explored the intersection of trans liberation and the decriminalization of prostitution, specifically from the perspective of two Black trans leaders with lived experience in the industry. The panel was both poignant and filled with humor, discussing topics such as housing, education, trans rights, sex work and human trafficking, and the intersections of various identities. Because this was the National Harm Reduction Conference, trans liberation and decriminalization of sex work were discussed within a harm reduction and human rights framework.

Becca Cleary and Melissa Broudo at the DSW booth.

Becca Cleary and Melissa Broudo at the DSW booth.

Leaders from UTOPIA Washington at the DSW Booth.

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
Read More
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Harm Reduction and Sex Work

October 8, 2022

What is harm reduction?

Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work.

Instead of focusing on the prevention of or abstinence from these activities, which tends to be unrealistic, harm reduction works to make the activities themselves as safe as possible.

When it comes to sex work, harm reduction prioritizes the safety, dignity, rights, and autonomy of sex workers instead of arresting them.

Applying the principles of harm reduction to sex work looks like …

* Accepting that sex work is part of our world. Sex work exists. It has always existed and will always exist. No amount of criminalization or law enforcement will change that. Part of harm reduction means choosing not to ignore this reality or condemn those who participate.

* Recognizing sex work as a legitimate occupation. Sex work exists on a spectrum of choice and circumstance, and one can’t assume that every sex worker needs to be “saved” from their line of work. Sex workers rely on their work to earn a living, and just as with any other job, they deserve access to safe working conditions.

* Establishing quality of individual and community life as criteria for success. A vast majority of current legislation exists with the objective of abolishing sex work. Apart from being entirely unrealistic, this is neither a sustainable nor ethical solution for those involved.

Harm Reduction’s goal is to ensure the safety, health, and general well-being of sex workers and their communities.

* Calling for non-judgemental, non-coercive services and resources for sex workers. In order to practice their jobs safely, sex workers require unrestriced access to resources such as condoms, contraceptives, and medical services with no strings attatched. These resources should come with no fear of harassment or legal persecution, so legislation such as mandatory testing, the use of condoms as legal evidence, and mandatory disclosure of sexual history or history with prostitution on visa applications must be banned.

* Ensuring that sex workers have a real voice in policy creation. Nobody knows what’s best for sex workers more than sex workers themselves. True harm reductive allyship centers the voices of sex workers in everything it does. From public outreach to legislative development, allies must work with sex workers, not above them.

* Affirming sex workers as primary agents of their own harm reduction. There’s a very common misconception that all sex workers are victims of tragedy who must be saved. To believe this is to invalidate sex work as an occupation. Sex workers deserve the autonomy to decide how they want to earn a living and whether or not they want to accept resources from anyone else. Everything must happen on their terms.

* Recognizing that the realities of poverty, class, racism, gender, sexual-orientation, and other social inequalities affect sex work. The lives and occupational hazards of sex workers are affected by their identities. This could look like racial discrimination, homophobic violence, transphobia, misogyny, and more. These injustices are often enacted by law enforcement itself. Harm reduction aims to eradicate bigotry in all forms.

* Knowing the difference between sex work and human trafficking. Consensual adult sex work is exactly that. The exchange of sex for payment between consenting adults. Trafficking, on the other hand, involves force, fraud, and coercion. These are two entirely different situations, and to conflate them is dangerous. Those who participate in sex work should always do so on their own terms.

The only way to reduce the harms currently associated with sex work is to fully decriminalize it. Decriminalization ensures the safety and consent of sex workers by creating an environment where they can practice on their own terms.

Decriminalization has always been a core principle of the harm reduction movement, and is currently supported by the National Harm Reduction Coalition.

Visit their website to learn more about the intersection of harm reduction and sex work.

Harm Reduction and Sex Work

DSW Newsletter #41 (October 2022)

Canadian Sex Workers Are Making History

October 28, 2022 Last month, the Canadian Alliance for Sex Work Law Reform (CASW), which includes 25 sex worker organizations, made history by challenging the Protection of Communities and Exploited Persons Act (PCEPA), which the group argues is...
Read More
Canadian Sex Workers Are Making History

Harm Reduction and Sex Work

October 8, 2022 What is harm reduction? Harm reduction is a unique framework that aims to minimize the negative consequences associated with criminalized activities, such as drug use or sex work. Instead of focusing on the prevention...
Read More
Harm Reduction and Sex Work

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October 18, 2022 SESTA/FOSTA refers to a set of laws passed by the Trump administration: The Stop Enabling Sex Traffickers Act (SESTA) and the Fight Online Sex Trafficking Act (FOSTA). These laws effectively suspend Section 230 of...
Read More
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DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

October 13, 2022 DSW Legal Director Melissa Broudo and Staff Attorney Becca Cleary traveled to Puerto Rico to participate in the 13th biennial conference hosted by the National Harm Reduction Coalition (NHRC). The NHRC describes its gathering...
Read More
DSW Presents at the National Harm Reduction Coalition’s Biennial Conference

DSW Newsletter Archive