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Supreme Court rules sex-trade workers allowed to challenge prostitution laws

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By Nathan Rumohr

Sxc.hu.Sxc.hu. The Supreme Court of Canada has ruled that a group representing Vancouver sex-trade workers can continue its five-year quest to liberalize prostitution laws.

In a unanimous ruling Sept. 21, the court upheld an earlier ruling by the B.C. Court of Appeals that the Downtown Eastside Sex Workers United Against Violence Society (sic) and former sex industry worker Sheryl Kiselbach could challenge the prostitution laws on constitutional grounds.

The federal government had argued that since Kiselbach had retired as a sex worker the prostitution laws didn't discriminate against her at the time the case was brought. But the B.C. Court of Appeals ruled against the federal government, leading to it appealing to the Supreme Court of Canada.

The sex workers are seeking a decriminalization of many of Canada's prostitution laws so that they can ply their trade more openly.

The Supreme Court of Canada looked at the three conditions for standing: whether the matter is a serious legal issue, whether the party has a stake in the outcome, and whether the proposed suit is a reasonable and effective means of bringing the case forward. They granted the standing that was sought.

nrumohr@rcav.org
Last Updated on Friday, 28 September 2012 07:37  

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