Our Constitutional Challenge to PCEPA

In 2013, the SCC in Bedford v. Canada deemed three prostitution prohibitions unconstitutional because they caused harm to sex workers and contravened their rights to liberty and security. In 2014, the government swiftly created a set of laws under the Protection of Communities and Exploited Persons Act (PCEPA) that reproduce those same harms, and also aim to eradicate sex work.

Sex worker and allies spent 6 years educating and advocating for the government to uphold sex workers' Charter rights, respect the Bedford decision, and review and reform the sex work offences introduced through PCEPA, to no avail. Despite their promise to review PCEPA and their requirement to do so after 5 years, parliament failed to do so until after this challenge was launched. In March 2021, after years of inaction from Parliament to repeal (remove) the current sex work offences, sex workers were forced to go to court to challenge these laws to have their human rights protected.

Our Constitutional Challenge: Info Sheets

Like Bedford v. Canada, our case is a constitutional challenge to certain sex work-specific criminal offences. This case is about how these offences violate sex workers’ rights, which are protected by the Canadian Charter. We are asking the court to understand how these offences harm sex workers and are unconstitutional, and for this reason to “strike down” these offences which means they would no longer be law.

Info Sheet (ENG)

Our charter challenge to sex work-specific criminal offences.

Info Sheet (FR)

Contestation constitutionnelle pour les infractions criminelles spécifiques au travail du sexe.

Our Legal Arguments

The following documents are submitted on behalf of the Applicants including the Canadian Alliance for Sex Work Law Reform, Monica Forrester, Valeries Scott, Lanna Moon Perrin, Jane X, Alessa Mason and Tiffany Anwar.

The front page of the Applicant Factum.

Applicant Factum

Submitted on October 3, 2022

Read the full Applicant Factum.

The cover page of the Applicant Reply Factum.

Applicant Reply Factum

Returnable October 3, 2022

Read the full Applicant Reply Factum.

Applicant and Fact Witness Statements

The following documents are the affidavit evidence from applicants and fact witnesses.

Alessa Mason

Applicant

Jane X

Applicant

Monica Forrester

Applicant

Valerie Scott

Applicant

Lanna Moon Perrin

Applicant

Jenn Clamen

as CASWLR Applicant

Danielle Cooley

Fact Witness

Elene Lam

Fact Witness

Ellie Ade Kur

Fact Witness

Sandra Wesley

Fact Witness

Nora Butler Burke

Fact Witness

Legal Arguments Demonstrating Harms of PCEPA

The following documents are factums submitted by intervenors in support of the applicants’ position.

Amnesty Factum

Intervenor

Read the full factum from Amnesty International Canada.

BCCLA Factum

Intervenor

Read the full factum from the British Columbia Civil Liberties Association.

BLAC Factum

Intervenor

Read the full factum from the Black Legal Action Centre.

CARL Factum

Intervenor

Read the full factum from the Canadian Association of Refugee Lawyers.

CCLA Factum

Intervenor

Read the full factum from the Canadian Civil Liberties Association.

EGALE and Enchanté Factum

Intervenor

Read the full factum from EGALE and the Enchanté Network.

LEAF Factum

Intervenor

Read the full factum from The Women's Legal and Education Action Fund.

MWAC Factum

Intervenor

Read the full factum from the Migrant Workers Alliance for Change.

OCRCC Factum

Intervenor

Read the full factum from the Ontario Coalition of Rape Crisis Centres.

Sexual Health Coalition Factum

Intervenor

Read the full factum from The Sexual Health Coalition.