Vancouver sex-trade advocates gain ground in legal fight against prostitution laws

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      The B.C. Court of Appeal has ruled that a former sex-trade worker and Downtown Eastside advocacy group should be allowed to continue with their legal challenge against Canadian prostitution laws.

      Support worker Sheryl Kiselbach and the Downtown Eastside Sex Workers United Against Violence Society argue that a series of Criminal Code provisions create unsafe conditions for those working in the sex trade and contravene the Charter of Rights and Freedoms.

      In the 2-1 ruling released today (October 12), the B.C. Court of Appeal overturned an earlier decision by a B.C. Supreme Court judge to dismiss the constitutional challenge.

      “I see no reason, in this case, that standing should not be granted,” Justice Mary Saunders writes in the reasons for judgment.

      However, dissenting justice Harvey Groberman disagreed with the ruling, saying he would dismiss the appeal by Kiselbach and the society.

      “I am of the view that the chamber judge make no error is his analysis of the law or in his use of evidence,” Groberman writes. “His finding that the plaintiffs had not made out a case for public interest standing was, in my view, a finding within his jurisdiction.”

      The B.C. Court of Appeal decision was welcomed by the Downtown Eastside-based Pivot Legal Society.

      “We are very encouraged that the court recognized the importance of hearing from sex workers from the Downtown Eastside, and the importance of access to justice for marginalized people who face barriers to the court system,” Pivot lawyer Katrina Pacey says in a news release.

      Kiselbach was also quoted in the release saying: “I am glad that I will be able to proceed with the case because I have the safety and support to do it now.”

      “It would have been impossible for me to take on this fight while I was actively involved in sex work,” Kiselbach says.

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