[Wamvan] Fwd: Today's ruling a great step forward, but still more work to be done

Wed Mar 28 15:52:37 PDT 2012

Yeah!

tami

---------- Forwarded message ----------
From: Katrina Pacey - Pivot <katrina at pivotlegal.org>
Date: Mon, Mar 26, 2012 at 5:17 PM
Subject: Today's ruling a great step forward, but still more work to be done
To: Tami <cosmictami at shaw.ca>

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   Dear Tami,

Last night, I barely slept. My head was spinning as I anticipated the
Ontario Court of Appeal decision that would be coming down the next
morning. <http://pivotlegal.us1.list-manage.com/track/click?u=9a451e878eeec0a3e584da1a3&id=2903d2968f&e=0de74ccece>

Darcie and I arrived at Pivot just before 6 am and were greeted by Peter
who was already at the office and looking surprisingly chipper for that
time of the morning. Our entire team was gathered by 6 am when we received
our embargoed copy of the Court of Appeal
decision<http://pivotlegal.us1.list-manage1.com/track/click?u=9a451e878eeec0a3e584da1a3&id=91b68fb1a5&e=0de74ccece>in
*Canada (Attorney General) v. Bedford, Leibovitch &
Scott*<#136514cd2b61eea0__ftn1>.
We turned off all communication devices for the next two hours (we were
sequestered in “lock-up”, as instructed by the Court) as we waded through
the 148-page decision on the constitutionality of Canada’s prostitution
laws. You can read our summary here:
http://www.pivotlegal.org/pivot-points/blog/ontario-sex-work-judgement-in-489-words<http://pivotlegal.us1.list-manage.com/track/click?u=9a451e878eeec0a3e584da1a3&id=e29b1fb9c9&e=0de74ccece>

We were elated when we realized that the court had made some incredibly
important findings, including that the “bawdy house” law had very serious
impacts on sex workers’ safety and should be struck down. The five justices
unanimously ruled that this law could not be justified as it prevents sex
workers from establishing safe indoor spaces to carry out their work.
Similarly, the Court found that the law that prohibits living on the avails
of prostitution violates the *Charter *rights of sex workers because it
prevents hiring security guards and other support people who would be able
to increase safety in the industry.

<http://pivotlegal.us1.list-manage.com/track/click?u=9a451e878eeec0a3e584da1a3&id=0a3376655f&e=0de74ccece>There
was a collective gasp when we realized that the majority of the court did
not strike down the provision criminalizing communication for the purpose
of prostitution, which targets street-based sex workers. The evidence is
clear that the communication law places the most vulnerable sex workers in
exceedingly dangerous circumstances, and creates barriers to police
protection. We just can’t see how that level of harm is justifiable. Even
the Vancouver Police Department recognizes the harm of criminalization, as
reflected in their new policy which stipulates that, when responding to
prostitution related complaints, nonintrusive and informal measures are to
be used to resolve the situation and enforcement should only be used as a
last resort.

When this decision inevitably ends up before the Supreme Court of Canada,
we hope to be there as intervenors and make sure the voices of our sex
worker clients are heard loud and clear. This fight is far from over but as
I reflect back on the last ten years, I am feeling very optimistic and
encouraged by the social change we are witnessing on the issue of sex
workers’ safety and rights and, as always, I feel very fortunate to be part
of this incredible social movement.

Sincerely,

Katrina Pacey
Litigation Director
Pivot Legal Society

PS - CBC came to the press conference this morning and has put together a
pretty good video:
http://www.cbc.ca/video/#/News/Canada/BC/1258521056/ID=2215570518<http://pivotlegal.us1.list-manage.com/track/click?u=9a451e878eeec0a3e584da1a3&id=56254f0879&e=0de74ccece>

<http://pivotlegal.us1.list-manage2.com/track/click?u=9a451e878eeec0a3e584da1a3&id=4a6544257a&e=0de74ccece><http://twitter.com/pivot_legal><http://pivotlegal.us1.list-manage1.com/track/click?u=9a451e878eeec0a3e584da1a3&id=aea79b27cd&e=0de74ccece>

  Pivot’s mandate is to take a strategic approach to social change, using
the law to address the root causes that undermine the quality of life of
those most on the margins. We believe that everyone, regardless of income,
benefits from a healthy and inclusive community where values such as
opportunity, respect and equality are strongly rooted in the law.

Our mailing address is:
Pivot
121 Heatley Avenue
Vancouver, BC V6A 3E9

Add us to your address
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