Ontario court's dismissal of sex workers' Charter challenge is unjust, says Hamilton advocate

Disgusting, heartbreaking and unjust.

Those are some of the words a Hamilton-based advocacy group for sex workers is using to describe Ontario's Superior Court dismissal of a Charter challenge that argued Canada's criminal laws on sex work are unconstitutional.

"It is indicative of the attitudes of the Crown and the government. They do not value the lives of sex workers," said Jelena Vermilion, executive director of Sex Workers' Action Program (SWAP).

"The impact is going to be grave."

Justice Robert Goldstein's decision says the Protection of Communities and Exploited Persons Act, brought in by the former Conservative government, are indeed constitutional and don't stop 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.

The Canadian Alliance for Sex Work Law Reform had argued in court 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.

While Goldstein's decision was met with mixed reaction, SWAP was supporting the alliance and hoped its argument would be successful.

"I think that [the court is] dismissing our concerns," Vermilion said.

A spokesperson for Minister of Justice and Attorney General of Canada Arif Virani told CBC on Monday the federal government will always work to ensure that the country's criminal laws effectively meet their objectives, keep all Canadians safe and are consistent with the Charter of Rights and Freedoms.   

"Minister Virani is carefully reviewing the decision," Chantalle Aubertin wrote in an email to CBC News.

Vermilion said the decision will add to the stigma sex workers face and that stigma is behind the "violence and neglect" sex workers face.

She said there have been many attacks against Hamilton sex workers over the years, including one last summer where a man beat and sexually assaulted a 46-year-old woman who does sex work.

The woman was left with a face full of broken bones and multiple brain bleeds, but survived. Police arrested a 24-year-old man and charged him with aggravated sexual assault.

Vermilion said sex workers in rural areas may be at even more risk since they are farther away from resources.