SWOSWers | South.Western.Ontario.Sex.Workers.

swoswers@gmail.com

CALL TO ACTION! Sex Workers Need Your Support NOW!

Following the release of the Supreme Court of Canadas Bedford v. Canada decision on December 20, 2013 to strike down the unconstitutional (and ultimately, harmful) laws that police and endanger sex workers lives, the Federal Department of Justice is conducting a consultation seeking the publics input to help shape the governments response to this decision. This questionnaire was released on February 17, 2014 and is going to be open to response until March 17, 2014. This is a chance to protect, respect, and support sex workers human rights and labour rights. It is also a chance to support SWOSWers, a group of individuals that assert the right for sex workers to work with safety, security, and dignity. SWOSWers is asking supporters and allies to participate in this consultation process. We have included our replies to the consultation to encourage supporters and allies to respond in a timely manner. While these responses are included, they are only meant to act as a guide. It is highly recommended that you create your own response to ensure it remains distinctive. Also, please submit only one response. If you need to clarify your response(s), please submit an email directly to Consultation.Prostitution@justice.gc.ca with the time/date submitted, as well as your response requiring clarification. We encourage you to copy your responses and send it to your Member of Parliament (to find your MP, please visit this link: http://goo.gl/xfTE5X). We also encourage you to share your responses with SWOSWers by filling out this form http://goo.gl/kS1YDJ or emailing us directly at swoswers@gmail.com, and to also share this call to action with supporters and allies. ! ! Links to the consultation are below: In English: http://www.justice.gc.ca/eng/cons/curr-cours/prosconsconspros/index.html In French: http://www.justice.gc.ca/fra/cons/cours-curr/consprosproscons/index.html Here are SWOSWers answers to help encourage you to participate in this consultation! In solidarity,

South Western Ontario Sex Workers swoswers@gmail.com

1. Do you think that purchasing sexual services from an adult should be a criminal offence? Should there be any exceptions? Please explain. No. The purchasing of sexual services from an adult should never be a criminal offence, and there should be no exceptions. When we criminalize the clients of sex workers, we further marginalize sex workers and this marginalization would reproduce the harms experienced under the previous legal framework. Such harms include pushing the industry underground to support organized crime or putting clients in a position to not give information requested by sex workers when screening for safety. Criminalizing the purchasing of sexual services would severely limit sex workers ability to negotiate safer sex practices, and ultimately, puts their health and safety at risk. The client would be unable to report instances of abuse, violence or coercion of sex workers they may witness without fear of arrest. Additionally, the criminalization of clients contributes to the criminalization of sex workers indirectly.

2. Do you think that selling sexual services by an adult should be a criminal offence? Should there be any exceptions? Please explain. No. The selling of sexual services by an adult should not be a criminal offence, and there should be no exceptions. When the criminalization of sex workers occurs, the harmful effects that were created by the previous legal framework are reproduced. Criminalizing the selling of sexual services would also prevent sex workers from working safely, securely, and with dignity, which would be counter to the Bedford decision. Also, living in constant fear of arrest will push sex workers to periphery of society and severely limit their ability to report instances of abuse, violence, and coercion. Their ability to claim taxes and access social benefits is also limited since their income is criminalized.

3. If you support allowing the sale or purchase of sexual services, what limitations should there be, if any, on where or how this can be conducted? Please explain. There should be no criminal laws that target the sale or purchase of sexual services. Canada should utilize already existing criminal offences to address instances of abuse, violence, exploitation, or coercion. Canada should also ensure non-criminal offences that regulate the industry are centered on the lives of sex workers and sex work communities, and that these regulations further protect the human rights and labour rights of sex workers.

4. Do you think that it should be a criminal offence for a person to benefit economically from the prostitution of an adult? Should there be any exceptions? Please explain. Bedford reaffirms that sex work is work and that sex workers sometimes hire individuals and work with other individuals to help make their work safer. The ability to hire individuals and work with other individuals to help make working conditions safer should not be criminalized. Additionally, criminalizing the ability to pay and employ individuals to ensure sex work can be done with safety, security, and dignity would be in contradiction to Bedford. Sex workers, like any other industry, may work for, work with, and hire third parties, including security, managers, receptionists, accountants, legal counsel and industry colleagues. These people provide important supports for sex workers, like safety, and these relationships should not be criminalized.

5. Are there any other comments you wish to offer to inform the Government's response to the Bedford decision? The governments response should be developed in consultation with sex workers themselves and this response should not reproduce the harms and effects that were created by the previous legal framework. Evidence shows that where sex work is decriminalized, sex workers are able to access safe and non-judgmental health services and social services. Additionally, the decriminalization model, similar to the New Zealand Model, supports that sex work is work and that sex workers have the right to work safely, securely, and autonomously with the protection of occupational health and safety standards. This model would be in line with the New Zealand model. As such, this model should be adopted with a made-in-Canada approach.

6. Are you writing on behalf of an organization? If so, please identify the organization and your title or role: South Western Ontario Sex Workers is a group of individuals (current/former sex workers and individuals who work directly with sex workers) that assert the right for sex workers to work with safety, security, and dignity.