[SWAF-Potluck] Government Response to Justice Committee Review of PCEPA

[Andy Sorfleet]

Re: Government Response to Justice Committee Review of PCEPA

On October 20, 2022, Justice Minister, Hon. David Lametti issued the
"Government Response to the Fourth Report of the Standing Committee on
Justice and Human Rights – Preventing Harm in the Canadian Sex Industry: A
Review of the Protection of Communities and Exploited Persons Act."
(Government Response here:
https://www.ourcommons.ca/content/Committee/441/JUST/GovResponse/RP11995617/441_JUST_Rpt04_GR/DepartmentOfJustice-e.PDF
)

The Justice Committee tabled their report on June 22, 2022, which
recommended parliament repeal two laws: Criminal Code s.213 [Communicating
to Provide Sexual Services] and s.286.4 [Advertising Sexual Services]. The
Justice Committee also recommended the repeal of four sections of the
Immigration and Refugee Protection Regulations that make migrants working
in the sex industry unable to report incidents without fear of deportation.
(Justice Committee Report here:
https://www.ourcommons.ca/DocumentViewer/en/44-1/JUST/report-4 )

Triple-X submitted a brief to the Justice Committee which received mention
on pg. 31:

"Triple-X Workers' Solidarity Association of B.C.'s brief states that the
law does not contemplate sex workers organizing unions or professional
associations or the possibility of such organizations collecting membership
dues, and providing services such as advertising and promotion of the
industry. They call for amendments to clearly permit such organizing by sex
workers." (Triple-X Brief here:
https://www.ourcommons.ca/Content/Committee/441/JUST/Brief/BR11602469/br-external/TripleXWorkersSolidarityAssociationOfBritishColumbia-e.pdf
)

The Government of Canada's Response dismissed these and most other
recommendations in the Fourth Report of the Justice Committee. Instead,
Justice Canada will continue "to monitor the impacts of the PCEPA"
(provisions which "reflect a Nordic Model approach to the sex trade") as
well as "international developments, including research concerning the
impact of different legislative regimes governing the sex trade in other
countries."

Triple-X has sent a letter (dated November 25) to the Justice Minister,
asking Justice Canada to provide clarification regarding the impact of
Criminal Code Section 286 on the Charter right of sexual services providers
to form unions and professional associations. (Triple-X letter here:
https://triple-x.org/about/pr/LamettiLetter-20221125.pdf )

In our view, the government has an obligation to allow solidarity
organizing in the sex industry. The lack of clarity in the Criminal Code
Sexual Services Offences law raises many questions:

• Does Criminal Code section 286.2 (Material Benefit from Sexual Services)
violate sexual services providers’ right under Charter of Rights and
Freedoms section 2(d) to form and run unions and professional associations?

• Is this discriminatory law, which effectively prohibits sexual services
providers from unionizing or forming professional associations, justifiable
under section 1 of the Charter?

• As a solidarity association, is Triple-X prevented from lawfully
receiving membership fees and lawfully counselling and encouraging members
to provide Triple-X services?

For more background, including a comprehensive list of web addresses for
the Standing Committee on Justice and Human Rights, as well as for the
lower court decisions thus far regarding CC s.286 and infringement of
Canada's Charter of Rights and Freedoms, please visit our website at:
https://triple-x.org/freedomtoassociate/

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