[SWAF-Potluck] More thoughts on Supreme Court decision and what it means...

[Andy Sorfleet]

Hi all,

Previously, I mentioned that the Supreme Court has delivered "tabula rasa"
-- a completely clean slate so that the Conservative majority government
can create completely new prostitution laws.

I also stated that now more than ever it is imperative for working sex
workers to form their owns union and associations.

Here, I want to expand on the legal implications of the Supreme Court
decision in relation to sex-worker organizing.

Prior to the Supreme Court decision, Canada's prostitution laws created
significant legal barriers that kept working sex workers from forming their
own associations. This was not so much because the ways of working as a
prostitute were illegal, but rather had more to do with other sections of
the Criminal Code of Canada.

Sections 464 (Counselling), 465 (Conspiracy) and 467 (Commission of offence
for criminal organization) all could be used against sex worker
associations if it were proven that the members of the association were
breaking criminal laws.

Now that the Supreme Court of Canada has removed all of Canada's
prostitution laws, working sex workers are free to organize and associate
in order to improve their business and work lives. This is a HUGE victory!
Sex workers need to take notice, and not pass up this rare and important
opportunity.

"Freedom of association" is a fundamental freedom guaranteed by Canada's
Charter of Rights and Freedoms. Section 2 provides individuals with the
right to establish, belong to and maintain any sort of organization, unless
that organization is otherwise illegal. Generally, this right is used in
the context where employees are  given the right to associate and unionize
to represent their interests in labour disputes and negotiations.

Now for the first time in Canadian history, currently-working prostitutes
and sex workers can use this right to organize because prostitution no
longer involves criminal activities!

But, there is a catch! We have only one year until the federal government
must deliver it's remedy for the old prostitution laws which have been
struck down by the Supreme Court.

2014 is the year to organize! If sex-worker associations pre-exist the
government's new laws designed to prohibit prostitution, those associations
may have grounds for future legal challenges.

Act now! Form or join a registered association or society as soon as
possible. The Triple-X Workers' Solidarity Association of British Columbia
was created for this moment. Visit triple-x.org if you would like to see
the Triple-X model. Contact us if you would like more information or would
like to join.

Triple-X is an association for the province of B.C. because associations
and unions are granted the right to negotiate on behalf of members by
provincial governments. Sex workers need associations in every Canadian
province and territory. Perhaps sex workers even need multiple associations
in each region. There is never only one answer or only one model.

One thing is for certain. Sex workers and their associations need to Stand
Together, if they wish to determine the terms for sex work.

In solidarity,
Andrew Sorfleet, President
Triple-X Workers' Solidarity Association of B.C.

------------------------------------------------

Here are pertinent parts of the Criminal Code mentioned above in condensed
form.

Section 462. Proceeds of Crime

If the court is satisfied, beyond a reasonable doubt, that the property is
proceeds of crime, the court may make an order of forfeiture.

Section 464 Counselling offence

Every one who counsels another person to commit an indictable offence is
guilty of an indictable offence and liable to the same punishment.

Section 465 Conspiracy

Everyone who conspires with any one to commit an indictable is guilty of an
indictable offence (or in the case of a summary offence is guilty of a
summary offence).

Section 467.12 Commission of offence for criminal organization

Every person who commits an indictable offence for the benefit of, at the
direction of, or in association with, a criminal organization is guilty of
an indictable offence and liable to imprisonment for a term not exceeding
14 years.
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