Canadian Court Rejects Laws That Endanger Sex Workers

Sex work isn't illegal in Canada, except when it is. Though Canada hasn't out-and-out prohibited voluntarily selling sex, it has criminalized a slew of aspect of the trade that essentially add up to a sex work ban.

Now, Ms. Magazine's blog reports that a high-level Ontario court has ruled against this de facto criminalization of the legal profession after a lawsuit brought by three current and former sex workers. The women complained that Canada law against working indoors and communicating with potential clients infringed upon their ability to practice in a safe work environment. Justice Susan Himel agreed, citing high rates of violent crime against sex workers as evidence of their vulnerability and need to protect themselves, and stating, "I find that the danger faced by prostitutes greatly outweighs any harm which may be faced by the public."

Critics of the anti-prostitution laws argued that, whatever society's moral feelings toward sex work, keeping people safe should be the government's top priority. While anti-prostitution laws are often touted as beneficial anti-trafficking measures, they can also have the effect of compromising sex workers' rights and safety. Justice Himel determined that, though her ruling would allow a sex worker to report to someone who managed sales and clients, an abusive pimp (or trafficker) could still always be punished under other aspects of Canada's criminal code. Sex workers advocates intend to take this decision and move forward to secure labor rights for their profession.

In defense of the laws, the Canadian government essentially argued that sex work is quite the distasteful job to polite society, and young women shouldn't be lured into that trade by the prospect of actually enjoying safe working conditions like everybody else. Somehow, I don't think hoards of women, who make up the majority of sex workers, grow up deciding to sell their bodies just because it is somewhat less likely that they will be raped, beaten, or killed on the job. What justifies putting women's lives in danger simply to scare other women out of entering a legal profession? Decreasing the desirability of sex work has a lot more to do with making other options available for poor women than trying to make sex work less appealing than it already is.

The Canadian government could show a little respect for women who make their living in a difficult and risky profession. A legal one, at that, unlike in the United States. The sanctimonious attacks on sex workers are just so unappealing. Whether a woman turns to sex work out of desperation or empowerment, she has the right to do her job without being harassed at every step by laws that want to make what's legal feel like it isn't.

Photo credit: abdallah