The Hon. David Lametti,\u00a0Minister of Justice and Attorney General of Canada<\/p>\n
Dear Minister Lametti:<\/p>\n
In 2014, the federal government passed the Protection of Communities and Exploited\u00a0Persons Act<\/em> (S.C. 2014, c. 25), criminalizing all facets of sex work, including selling sex\u00a0in a public space, purchasing sex in all spaces, all material benefits from the sale of\u00a0sexual services, advertising, and working as a third party. The law has been roundly\u00a0criticized by sex workers, human rights organizations, lawyers, academics, and The COVID-19 pandemic has further exposed stark health inequities and the many\u00a0structural factors that increase people\u2019s vulnerability to the virus. Sex workers are one of\u00a0the most marginalized groups of people in Canada and their communities include a large\u00a0proportion of people experiencing multiple forms of discrimination and social exclusion.\u00a0Today, many sex workers remain out of work, and all of those who continue are working\u00a0in precarious conditions. But unlike workers in other industries, sex workers have largely\u00a0been unable to access emergency income supports because the criminalization of sex\u00a0work isolates sex workers from formal income reporting mechanisms like filing taxes,\u00a0and because many live and work in poverty and do not meet the income thresholds for\u00a0emergency benefits. Still others will not engage with government institutions for fear of\u00a0repercussions due to criminalization, stigma and discrimination.<\/p>\n These challenges are compounded for migrant workers, who must also contend with\u00a0immigration laws that prohibit everyone without Canadian citizenship or permanent\u00a0resident status from working in the sex industry. These laws subject migrant sex workers\u00a0to additional law enforcement surveillance and the threat of detention and deportation \u2014\u00a0further deterring migrant sex workers from accessing emergency supports. Sex workers As UNAIDS has affirmed, \u201cThe criminalization of various aspects of sex work \u2026\u00a0magnify the already precarious situation of sex workers in the informal economy.\u00a0As sex workers and their clients self-isolate, sex workers are left unprotected,\u00a0increasingly vulnerable and unable to provide for themselves and their families.\u201d UNAIDS has therefore called on countries to take immediate, critical action, grounded in\u00a0human rights principles, to protect the health and rights of sex workers, which include,\u00a0among other steps, an \u201cimmediate halt to arrests and prosecutions for sex work-related\u00a0activity, moving away from punitive measures and criminalization towards\u00a0reaching and serving those most in need.\u201d The UN High Commissioner for Human\u00a0Rights has also recommended that \u201c[i]mprisonment should be a measure of last resort,\u00a0particularly during the crisis.\u201d Similarly, Human Rights Watch urges governments to\u00a0\u201cabstain from enforcing laws that have traditionally resulted in arrest, like prohibitions on As you know, the Minister of Justice and the Attorney General of Canada is responsible\u00a0for providing legal advice to all government departments. Section 10(2) of the Director\u00a0of Public Prosecution Act allows the Attorney General to issue federal directives with\u00a0respect to cases generally. Most recently, in 2018, the Attorney General issued a\u00a0directive with respect to prosecutions for non-disclosure of HIV status in specific\u00a0circumstances. It is therefore within your power to issue a federal directive to the\u00a0Director of Public Prosecutions not to prosecute the sex work\u2013specific offences in the\u00a0Criminal Code.<\/p>\n While we are aware that a federal directive only governs federal Crown attorneys who\u00a0handle prosecutions in the three territories, a federal directive would send a strong\u00a0message to the entire country that the criminalization of sex work does not promote\u00a0human rights and is not in the public interest.<\/p>\n More specifically, this federal directive could direct the Director of Public Prosecutions\u00a0as follows:<\/p>\n 1. The Director shall not prosecute s. 213 of the Criminal Code (stopping or\u00a0impeding traffic and communicating to provide sexual services); As initiatives to defund police and redirect resources spent on law enforcement towards\u00a0community gain support across North America, this directive would be a step in that\u00a0direction. A moratorium on the enforcement of Canada\u2019s sex work laws is long overdue. As Minister of Justice, you have the responsibility to ensure laws do not impair the health\u00a0and safety of sex workers and perpetuate unconstitutional harms.<\/p>\n We strongly urge you to issue the federal directive without further delay.<\/p>\n Sincerely,<\/p>\n Canadian Alliance for Sex Work Law Reform<\/p>\n Aboriginal Legal Services
\nconstitutional scholars for reproducing many of the harms that the Supreme Court of\u00a0Canada recognized as unconstitutional in Canada (Attorney General) v. Bedford 2013\u00a0SCC 72. As recently as February 2020, the Ontario Court of Justice determined that the\u00a0third party and advertising prohibitions were unconstitutional. Now, more than five\u00a0years after the passage of the law, we write with urgency to request that you use the tools\u00a0at your disposal to immediately issue a federal directive to prosecutors to refrain from\u00a0enforcing sex work-specific criminal laws.<\/p>\n
\nwho are Indigenous, Black, migrant, trans, or who use drugs are disproportionately\u00a0affected by criminalization, and also face particularly intense police profiling, including a\u00a0presumption of involvement in sex work, but are routinely positioned outside the reach of\u00a0security, safety and assistance in times of actual need.<\/p>\n
\nsex work and or possession of drugs for personal use,\u201d describing U.S. police authorities\u00a0that have issued directives to refrain from enforcing sex work laws and state attorneys\u00a0that have ordered prosecutors to dismiss sex work charges. In Canada, organizations\u00a0including Amnesty International and the Canadian HIV\/AIDS Legal Network have\u00a0criticized the ongoing enforcement of sex work criminal laws, particularly during the\u00a0pandemic. And while not specific to sex work offences, the Public Prosecution Service of\u00a0Canada has issued guidance to prosecutors to reduce \u201cto the extent possible, in a\u00a0principled manner,\u201d the \u201cdetention population during the pandemic period.\u201d Yet, laws criminalizing sex work continue to be enforced across Canada during the\u00a0pandemic.<\/p>\n
\n2. The Director shall not prosecute s. 286.1 of the Criminal Code (obtaining\u00a0sexual services for consideration);
\n3. The Director shall not prosecute s. 286.2 of the Criminal Code (material benefit\u00a0from sexual services);
\n4. The Director shall not prosecute s. 286.3 of the Criminal Code (procuring\u00a0sexual services); and
\n5. The Director shall not prosecute s. 286.4 of the Criminal Code (advertising\u00a0sexual services).<\/p>\n
\nAction Canada for Sexual Health and Rights
\nAmnesty International Canada
\nBC Civil Liberties Association
\nBlack Legal Action Centre
\nCanadian HIV\/AIDS Legal Network
\nCoalition of Quebec Community Organizations Fighting AIDS (COCQ-SIDA)
\nCriminal Lawyers\u2019 Association
\nFirst Peoples Justice Center of Montreal
\nHIV & AIDS Legal Clinic Ontario (HALCO)
\nPivot Legal Society
\nWest Coast LEAF<\/p>\n