A commercial agency that recruits persons to sell sexual services, provides premises for transactions, advertises to potential purchasers, makes appointments, and collects agency fees is breaking the law. (Such a commercial agency would be directly engaged in promoting the commodification of sexual services.) This includes massage spas and strip clubs where sexual services are provided.
Third parties such as receptionists, managers, or drivers employed directly by sex workers, who work to increase sex workers' safety, are not breaking the law.
Sex workers can legally collectively hire third parties such as receptionists, managers, or drivers in order to share expenses only.
Sex work co-operatives that engage in profit-sharing (a traditional definition of "co-operative") are against the law.
Whether or not the Canadian Charter of Rights and Freedoms protects a fundamental right to sell sexual services as an aspect of an individual's right to liberty amounts to a new constitutional issue, and is not dealt with in this case.
Paying for sexual services remains a criminal offence, as this was not a question in this Supreme Court appeal.
Whether or not the law prohibiting advertising of sexual services violates the Charter of Rights and Freedoms was not a question in this Supreme Court of Canada appeal.
A deeper dive from Triple-X into the decision and its implications for people who sell sex in Canada is forthcoming.
Media Release: Ontario ruling in constitutional challenge of Canada's sex work laws
In response to the decision, Andrew Sorfleet, president of the Triple-X Workers' Solidarity Association of British Columbia said:
"We strongly condemn this Ontario ruling which serves to reinforce the Canadian government's efforts to limit sexual activity between consenting adults in private. However, we acknowledge the Ontario court's guidance on the question of the legal status of professional associations of sex workers. People who sell sex have the freedom to form associations under this law."
11th Annual RED UMBRELLA MARCH For Sex Work Solidarity
Eighty participants took part in this year's Red Umbrella March for Sex Work Solidarity on Saturday, June 10 in Vancouver. The event began at 2 p.m. at the West End Sex Workers Memorial on Jervis Street (in front of Saint Paul's Anglican Church). For more photos and a full report: RUM2023 Report
Inspired by a video by STAR STAR of the Red Umbrella March in Skopje, Macedonia in 2021, Triple-X hired a local film studio for aerial photography. The studio produced this 37-second promotional clip to share with news stations and on social media.
RUM2023 – Video footage by Jon Ross Films, Saturday, June 10, 2023
Expungement of Historically Unjust Convictions
Public Safety Canada: The Government of Canada passed the Order Amending the Schedule to the Expungement of Historically Unjust Convictions Act on February 17, 2023, which addresses historical discrimination by making convictions under Criminal Code bawdy-house laws eligible for expungement. However, prostitution-related convictions under Canada's Criminal Code bawdy-house sections repealed in 2014 are still not eligible to be expunged. Triple-X wrote this letter to Public Safety Minister concerning this issue: "Re: Order Amending the Schedule to the Expungement of Historically Unjust Convictions Act," Honourable Marco Mendicino, Minister for Public Safety, March 13, 2023
Sex, Scandal and Scapegoats: Canada's Blood Donation Ban for Selling Sexual Services
UPDATE: In October 2022 Canadian Blood Services, with approval from Health Canada, reduced the lifetime ban from giving blood for selling sex to a one-year deferral. Triple-X president, Andy Sorfleet unpacks the continuing discrimination and stigma of this blood donation policy on the CATIE Blog: "Sex, Scandal and scapegoats: Canada's blood donation policy for sex workers."
"Government policies designed to protect the public's health should be based on scientific evidence, not prejudice. All questions regarding sexual services transactions as a basis for eligibility for donating blood must be removed to end this stigma."
Triple-X submitted a brief to officials at Health Canada that calls for the removal of all questions regarding sexual services transactions. "Sexual activity, not commercial activity, contributes to increased risk of sexually transmitted blood-borne infection (STBBI). Questions need to focus on sexual acts only." Triple-X also asks that Health Canada and Public Health Agency of Canada endorse and advocate for the decriminalization of the purchase of sexual services (Criminal Code Section 286.1). "Occupational health and safety, and sex workers' role in the safe sex education of their clients, are important avenues to promote STBBI prevention."
The Government of Canada's Response mostly dismissed the recommendations in the Fourth Report of the Justice Committee. Instead, Justice Canada will continue "to monitor the impacts of the PCEPA" (provisions which "reflect a Nordic Model approach to the sex trade") as well as "international developments, including research concerning the impact of different legislative regimes governing the sex trade in other countries."
Triple-X has sent a letter (dated November 25) to the Justice Minister, asking Justice Canada to provide clarification regarding the impact of Criminal Code Section 286 on the Charter right of sexual services providers to form unions and professional associations.
We received a reply to our correspondence from The Honourable David Lametti, dated May 2, 2023. "As Minister of justice and Attorney General of Canada, I am not able to provide legal advice to members of the public. …Our goverment is very concerned about the safety of all persons engaged in the sex trade, and we are committed to taking into account the interests of all impacted groups."
Read more about how the Protection of Communities and Exploited Persons Act violates sex workers' Freedom to Associate, including links to Canada's Sexual Services laws and related court rulings: triple-x.org/freedomtoassociate.
10th Annual RED UMBRELLA MARCH For Sex Work Solidarity
Saturday, June 11, 2022, marked the 10th annual Vancouver Red Umbrella March for Sex Work Solidarity. This year, the Red Umbrella March was more important than ever, because the Parliamentary Committee on Justice and Human Rights is set to release its report on Canada's new laws that prohibit the purchase of sexual services (Criminal Code s. 286) before June 23. For more information: triple-x.org/freedomtoassociate
The annual Red Umbrella March is held in Vancouver every second Saturday in June to commemorate the first Red Umbrellas March in Venice, June 8, 2001. Just as the Venice Red Umbrellas March was determined to disrupt the public sphere and draw attention to the historical and geographical social history of sex workers, Vancouver's Red Umbrella March for Sex Work Solidarity strives to draw lines through time and space that show that sex workers are loved and revered in our communities, regardless of perceived stigma and prejudice.
RUM2022 – Video footage by Bill M. Powers, Saturday, June 11, 2022
Our message came through, loud and clear it seems, according to this very supportive reporting in two of B.C.'s mainstream media:
RUM2022 – BC CTV News at 6, Saturday, June 11, 2022
RUM2022 – Early morning Global BC News, Sunday, June 12, 2022
In addition, Vancouver City Hall was lit in red to mark the milestone event. Thank you to Kit at PACE Society and City of Vancouver, and to Louise for riding her bicycle up to City Hall and taking such beautiful photos:
Vancouver City Hall lights up red for RUM 2022. Photo: Louise Boilevin.
As president of Triple-X, I would like to extend our deep thanks and gratitude to our co-sponsors who really pitched this year to create such a successful milestone event: Pivot Legal Society, PACE Society, SWAN Vancouver Society, B.C. Coalition of Experiential Communities (BCCEC) and the B.C. Bad Dates and Aggressors Reporting Project (BCBDAR).
Red Umbrella March for Sex Work Solidarity celebrated its 9th year with a virtual slideshow video commemorating the life of Margo St. James: Hookers' Rights Avant-Garde. (Run-time: 31 minutes)
Red Umbrella March for Sex Work Solidarity celebrated its 8th year with a virtual slideshow video featuring the history of Red Umbrellas marches around the world, and the last 7 years in Vancouver! Soundtrack by Kelsey Lu.
B.C. sex workers' group confronts stigma around STDs, Georgia Straight, July 21, 2020
"I feel this is a direct barrier to legal reforms that would make sex work a legal business – and a direct barrier to a professional association for sex workers," Sorfleet maintained. "The Public Health Agency of Canada needs to endorse decriminalization of prostitution, because occupational health and safety is an important avenue to address STBBI prevention."
B.C. sex workers' association says federal law kills membership drives, Georgia Straight, July 16, 2020
"It means we are prohibited from collecting annual membership dues and we're prohibited from recruiting new members because we would most definitely be counselling and encouraging people to work in the sex industry," Sorfleet said. "So it stands right in the way of sex workers being able to form their own association."
Contact Us
Triple-X Workers' Solidarity Association of B.C.
P.O. Box 3075, Station Terminal
Vancouver, B.C. V6B 3X6
