FOR IMMEDIATE RELEASE 

Ottawa, ON (unceded Anishinabe Algonquin Territory) – The BC Civil Liberties Association (BCCLA) is intervening at the Supreme Court of Canada today and tomorrow in Kloubakov v R. This case will determine whether certain sex work  provisions of the Criminal Code are constitutional – specifically the “receiving a material benefit from sexual services” and “procuring” provisions. The outcome of this case will set a precedent that will shape the future of sex work laws in Canada.  

The BCCLA is defending sex workers’ rights in this case. The challenged provisions are part of the package of laws called the Protection of Communities and Exploited Persons Act (“PCEPA”). PCEPA was enacted in 2014 following the landmark Supreme Court of Canada decision of Canada (Attorney General) v Bedford, where the court determined that three former Criminal Code offences related to sex work were unconstitutional.    

The BCCLA argues that PCEPA contradicts Bedford and violates sex workers’ section 7 Charter rights to liberty and security of the person. The PCEPA restrictions undermine sex workers’ autonomy and impose dangerous conditions. They are arbitrary, overbroad, and grossly disproportionate. PCEPA confronts sex workers with an untenable choice: work alone, placing themselves in materially dangerous conditions, or risk criminalization by choosing to work with others for their own safety and wellbeing.   

Akosua Matthews, pro bono counsel for the BCCLA, says:  

“Sex workers are best placed to determine which arrangements promote their own bodily autonomy and safety. This includes being able to pay for safety enhancing services like drivers and bodyguards. PCEPA’s inherent contradiction is this: it purports to protect sex workers – who are overwhelmingly women – while simultaneously prohibiting sex workers from paying for their safety.”  

Ga Grant, Staff Counsel for the BCCLA, says:  

“Individual decisions about sexual activity are decisions about your body—whether or not these decisions include an element of remuneration. Sex work must be regarded as part of our fundamental personal autonomy and dignity. It’s time that the law recognizes this and that the government finally works together with sex workers who are experts on their own safety.” 

The BCCLA is represented by Akosua Matthews and Ruthie Wellen of Kastner Ko LLP.