On October 3, 2022, the Ontario Superior Court dismissed a constitutional challenge launched by the Canadian Alliance for Sex Work Law Reform (CASWLR) against Canada's criminal laws on sex work.
Justice Robert Goldstein ruled that the Protection of Communities and Exploited Persons Act (PCEPA), brought in by the former Conservative government, is constitutional and balances prohibition of "the most exploitative aspects of the sex trade" while protecting sex workers from legal prosecution.
CASWLR argued that the laws foster stigma, invite targeted violence, and prevent sex workers from obtaining meaningful consent before engaging with clients, violating the industry workers' Charter rights.
In his decision, Goldstein found that the laws are constitutional and do not prevent sex workers from taking safety measures, engaging the services of non-exploitative third parties, or seeking police assistance without fear of being charged for selling or advertising sexual services.
CASWLR's national coordinator Jenn Clamen called the ruling "extremely dismissive of sex workers' realities and the concerns that were raised." She also noted that the ruling is "dismissive of the evidence where sex workers, particularly migrant sex workers and Black sex workers, submitted evidence to demonstrate how sex workers are being arrested under third-party laws."
Monica Forrester, an outreach coordinator at Maggie's Sex Work Action Project and a plaintiff in the case, said the ruling is "very disappointing" but she's not surprised by it. She noted that the applicants knew going into the challenge that there would be obstacles, but were also hoping that the court would look at some of the revisions in the laws currently that are affecting sex workers and the work that they do.
Forrester said, "This is not over. We're going to continue to fight for the decriminalization of sex work and to look at a push on why these laws make it unsafe for sex workers."
The CASWLR plans to appeal the ruling.