Ottawa – The Supreme Court of Canada will hear argument on whether or not “public interest” groups can file and argue complex constitutional litigation on behalf of vulnerable populations tomorrow. The BCCLA is an intervener in the case that has broad implications for access to justice in Canada.

The case originally involved a constitutional challenge to laws criminalizing sex work brought by the Downtown Eastside Sex Workers United Against Violence Society (SWUAV). A trial date was set, but the BC Supreme Court denied SWUAV “public interest standing” to bring the case to court on behalf of survival sex workers.

In particular, the Court held that because the survival sex workers SWUAV advocates for are directly impacted by anti-prostitution laws, it should be those survival sex workers bringing constitutional litigation directly in their own names, not SWUAV.

The BCCLA will argue that the current test for granting public interest standing should be expanded to promote access to justice, as there is no other way these issues will be brought to court. The legal name of the case is Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society (SWUAV), et al.

The BCCLA’s argument in the case is available here

Assignment Editors: Oral arguments begin January 19, 2012 at 6:00 am PST/ 9:00 am EST. BCCLA lawyers will available in person at the Supreme Court of Canada, January 19, 2012 at 7:30 am EST/4:30 am PST (Ottawa press conference), and are available by phone later in the day. Policy Director Micheal Vonn is available in Vancouver, in person or by phone.

MEDIA CONTACTS
Jason Gratl, Lawyer for the BCCLA: 604-317-1919 (Ottawa)
Megan Vis-Dunbar, Lawyer for the BCCLA: 604-728-4852 (Ottawa)
Micheal Vonn, BCCLA Policy Director: 604-630-9753 (Vancouver)