This case is about the constitutionality of several Criminal Code sex work provisions relating to third parties.
LEAF is intervening before the Supreme Court of Canada.
Facts
In 2014, Parliament passed the Protection of Communities and Exploited Persons Act (PCEPA). PCEPA established Canada’s current sex work laws after the Supreme Court of Canada struck down the previous sex work laws in Canada (Attorney General) v. Bedford for violating sex workers’ Charter rights. The implementation of PCEPA not only criminalized clients, but criminalized the purchase and exchange of sex work for consideration (such as money) for the first time in Canada.
The appellants in Kloubakov are non-sex worker third parties who are challenging only the provisions related to procuring and material benefitting from sexual services, alleging violations of the s.7 (life, liberty, and security of the person) rights of sex workers.
Arguments
LEAF will argue that the analysis of the s.7 rights of sex workers must be informed by the principles of substantive equality, as guaranteed under s.15 of the Charter. LEAF will emphasize the importance of taking an intersectional, substantive equality-based analysis when assessing the impact of these provisions on the liberty and security of sex workers.
LEAF will further argue that the impact of the challenged provisions must be understood as part of the larger PCEPA scheme and its impact on sex workers. The principles of substantive equality must inform any interpretation of the legislation’s objectives.
Outcome
The Supreme Court of Canada will hear arguments in this case on November 12-13, 2024.
Download LEAF’s factum.
LEAF is grateful to Andrea Gonsalves, Olivia Eng, and Alexandra Heine of Stockwoods LLP, counsel for LEAF in this case. LEAF’s interventions are guided, informed and supported by a case committee with expertise in the relevant issues. LEAF thanks the expert members of the case committee that are helping to shape this intervention: Gillian Calder, Julie Kaye, Ummni Khan, and Kate Shannon.
