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

Mon Jan 6 11:39:07 PST 2014

Hi Mary,

I can't think of any case where a valid sex worker organization was charged
under the laws that I described. However, there are some questions. All the
legal societies have for the most part been sex up to provide AIDS and STI
education, and other social services. These are not professional
associations or labour organizations for the most part. There is Sex
Professionals of Canada founded by Val Scott. I don't know if they are
registered.

I can tell you for certain that I was investigated by the VPD for
organizing the Sex Workers Alliance of Vancouver. I can tell you that the
questions they asked had all to do with fund-raising. Nothing ever came
from their "intelligence" gathering. But I wasn't doing anything illegal
either.

The thing with case law, is this, what is important are the parallels
between cases, not so much that it is sex work case or not. If I was
searching case law I would begin by looking for the use of criminal
organization laws against gangsters running a "prostitution ring" or
something like that.

I don't have access to case law, but maybe there is someone on this list,
even a law student who could do some investigating?

It is absolutely true that if the government makes the act of sex for pay
illegal either by banning the purchase of sex or the sale of sex, that an
organization for sexual service workers would be vulnerable. We could
immediately fold of course.

It is the management and the board of such an organization that would be
legally responsible. Members of such an organization could keep their
identities private and shielded. Courts could try to force the board to
provide membership lists. So it comes down to the trustworthiness of your
board. It would also help if we had a war chest so we could pay for legal
battles.

It is my hope though that board members will never be put through such a
trial. Even if you win, criminal prosecution takes a terrible toll on ones'
life.

Ki, do you have any contacts who could dig a little deeper into this topic
for us?

In solidarity,
Andy

On Mon, Dec 30, 2013 at 12:19 AM, Mary Miriam Magdalena <
ohmymagdalena at gmail.com> wrote:

> Thanks for posting this explanation, Andy.
>
> I agree with your assessment that we need to organize. Both to make sure
> we get represented in the new laws to improve our business and safety, as
> well as for the "normal"  things that come with professional associations
> like access to financial and medical professionals, advisors etc.
>
> My concern is that since the laws have actually been kept in place for
> another year, technically those activities (soliciting. etc) are still
> illegal and will continue to be until one year from now when new laws are
> put in place or the old ones just lapse. That should mean that organizing
> for illegal activities also remains illegal, and if the laws are changed
> such that the government makes all prostitution illegal, then all our
> organizing not only will have been for naught, but will have been illegal
> and puts us at further risk of charges.
>
> Ki, could you please ask Christina and /or John for their
> opinion/interpretation of this situation? Technically even writing emails
> about this could be illegal, you know...
>
>
>
> On Sat, Dec 28, 2013 at 3:33 PM, Andy Sorfleet <a.sorfleet at gmail.com>wrote:
>
>> 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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>
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