Maggie’s:the Toronto Sex Workers Action Project Supports Former Sex Worker Appeal in
FOR
IMMEDIATE
RELEASE
January 25, 2010
Toronto: Maggie’s, the Toronto-based sex
workers’ rights organization, demands that the court allow former sex worker
Sheryl Kiselback and Sex Workers United Against Violence (SWUAV) legal standing
to challenge the constitutionality of the prostitution laws. Ms. Kiselbach and
SWUAV will be in the BC Court of Appeal today appealing the December 2008
judgment from the BC Supreme Court on the motion to have the challenge to
prostitution-related provision of the Criminal Code struck out due to lack of
standing.
In
August 2007, British Columbia-based Sex Workers United Against Violence (SWUAV)
initiated a case challenging sections of the prostitution-related provisions of
the Criminal Code. Sheryl Kiselbach, a former sex worker with 30 years of
experience working in the sex industry, joined the challenge as plaintiff.
The BC
Supreme Court (Mr. Justice Ehrcke) ruled that the plaintiffs in the case, SWUAV
and Ms. Kiselbach, did not have standing to challenge these laws. The Court
ruled that the plaintiffs did not have the legal right to initiate such a
challenge because it must be brought by an individual, active sex worker,
rather than a former sex worker and an organization.
Maggie’s:
The Toronto Sex Workers’ Action Project supports both the appeal and the
constitutional challenge to the prostitution laws. According to Maggie’s
spokeswoman Elya Durisin, “This appeal is of critical importance to sex
workers. We know from the lived experience of sex workers that the criminal
laws have a direct and negative effect on workers’ abilities to work in safety
and security. It’s imperative that sex workers have the opportunity to
challenge these laws.”
Current
and former sex workers face many barriers to challenging the laws, including
criminalization and discrimination. Limiting the ability of the plaintiffs to
bring forth this challenge affects sex workers and the ability of all
marginalized persons to access justice and to protect their human rights. There
is also a challenge to the constitutionality of the prostitution laws currently
underway in Ontario, the case is awaiting decision in a Toronto court.
For
media inquiries, please contact Elya Durisin at: elya.durisin@gmail.com
Halifax Outreach Agency for Sex Workers: Allow former Sex Workers and Advocates to Challenge Laws
Will the Court protect sex workers? Charter challenge to criminalization of sex work must go forward
Media Release January 21, 2010
VANCOUVER – Lawyers representing Vancouver sex workers will appear in the BC Court of Appeal today, continuing efforts by sex workers to abolish Canada’s prostitution laws with a Charter challenge. “Today is critical. The Court will decide whether the Charter challenge can continue, but as important, the Court will decide whether marginalized people actually do have access to justice in our country,” said FIRST spokesperson Esther Shannon. Today’s appeal is against a December 2008 judgment by the BC Supreme Court that ruled Vancouver’s Sex Workers United Against Violence (SWUAV), the group plaintiff, and Sheri Kiselbach, a former sex worker, could not launch a challenge because they lacked “standing” – the legal right to challenge the prostitution laws. The Court said that such cases must be brought by individuals currently facing the criminal laws in question. The plaintiffs had argued that active sex workers are constrained from going to court due to fears of arrest, social censure, and discrimination against themselves and their families. “The ruling was nonsensical,” says Shannon. “Who in their right mind would come before a court to testify that they regularly break the law? If the ruling stands, many groups who advocate for the disenfranchised won’t be able to challenge laws that violate the rights of their members. Access to justice would be denied for many vulnerable people in our society.” Launched in August 2007, SWUAV’s challenge argued that “criminal laws expose sex workers to significant harm – physical and sexual violence, lack of access to police protection, social stigma and inequality, exploitation and murder.” SWUAV maintained the current laws “violate the security, liberty, equality and expression rights of sex workers.” Over the past two decades, the federal government has commissioned extensive research on the impact of our prostitution laws. The conclusion: At best, the laws are ineffective; at worst, they contribute to increased vulnerability, marginalization and violence against sex workers. “Even though the government is fully aware that its prostitution laws are ineffective and dangerous, it’s actively blocking efforts to challenge them, both here and in Ontario,” said FIRST member Joyce Arthur. “This shameful conduct shouldn’t come as a surprise –the same government abolished the Court Challenges program, which helped disadvantaged groups fight for their equality rights.”
FIRST Contacts: Esther Shannon: 604.254.9963
Joyce Arthur: 604.351.0867
Tamara O’Doherty 778.772.2998
FIRST
is a national coalition of feminists that advocates for the complete
decriminalization of sex work for both sex workers and clients. FIRST believes
that Canada’s
prostitution laws rob sex workers of their livelihood and prevent them from
creating safe and empowering working conditions.
Vancouver Sex Industry Welcomes the World in 2010! A Moment for Safety and Respect
Dear Client;“Paying for sexual services does not mean you’ve paid to do whatever you want to a sex worker.”
Sex Industry Workers in Vancouver want to welcome you to our city!! We hope your experience here is a good one and wanted to give some information to ensure you have a safe and respectful visit in Vancouver.
Vancouver’s Sex Industry
Information was written by BCCEC coalition members and gathered from Trade Secrets questionnaires, Chez Stella’s Dear Client Handbook and NakedTruth.ca.
The following information is hoped to ensure you understand what is expected of sex consumers in Canada and to give you information regarding Canadian Law, your health and the safety of sex industry workers.
Exotic Show Lounges
Exotic dancing is legal in Canada and exotic dancers wanted their customers to know the following in regards to respectful behaviour in an Exotic Show Lounge;
- Do not sit in front row and slag the dancer who’s on stage. She can hear you.
- DO NOT TAKE PHOTOS OR VIDEOS OF THE DANCER WITH YOUR CELL PHONE.
- Do not touch the dancers or servers in strip clubs unless expressly given permission by the person being touched.
- Always tip your server and your VIP dancer. For drinks, $1/drink is appropriate. For VIP dancers, $5-$10/dance is appropriate depending on how long the dance lasted.
- Place your tip on the stage rather than in your mouth or by handing it to the dancer. In BC, there are laws against tipping that involves contact.
- Do not stroke yourself, however indiscreetly, during a dancer’s performance.
- Control your alcohol intake. Dancers always respect and appreciate customers who have control over their booze and their hormones. We’re more likely to sit with you, hang out with you, and look forward to seeing you when you’re in control!!
Escorts/ Escort Services
Escorting or “outcall” when a sex worker comes to your home or hotel for the purposes of exchanging sex for money, is legal in Canada.
Massage or Health Enhancement Center workers usually have an “incall” or place where you as a consumer would go and meet a worker.
Most escorts and massage parlour workers meet their client by advertising in local papers and online. Vancouver Sex workers wanted their customers to know the following in regards to respectful behaviour with escorts / massage workers.
On the Street
While prostitution is legal in Canada, many things surrounding it are not. For instance, communication for the purposes of prostitution in a public place is illegal ie- talking to sex workers on the street.
If you do want to access the services of street sex workers, we ask that you read the following and be respectful of sex workers during any interaction with us;
- Each sex worker has a preferred place to go. Let her bring you to her favourite spot where the service will take place.
- Always pay in advance. Respect the fixed prices of the worker, and don’t try to bargain her down to a lower price. Do not discuss prices on the street. On the street, the majority of sex workers charge by the service, not by the hour.
- If the person you have approached on the street for a service does not respond or says “no”, do not insist. Walk away.
- Respect the people that live in the neighbourhood. Do not ask for a service on private property, for example.
- Bring some handi-wipes and a plastic bag for easier cleanup.
- Don’t throw used condoms, their packaging, tissues or other pieces of garbage in the street. Put them into a trash bin at the corner of the street, at the gas station or elsewhere.
The following advice comes from other patrons:
- Don’t be an idiot. Be polite and respectful, as they are someone’s children.
- Tip generously. They do appreciate it.
- Condoms on toys. Seeing the condom package opened to ensure first time use.
Walk away from any dodgy situation.
Safe Sex
If you access sexual services that involve contact between you and a sex worker, you must take precautions to prevent STI transmission. STI’s are formerly known as “sexually transmitted diseases” or “STD”’s.
The proper use of condoms is the best way to protect against STI’s. Please take the time to review proper condom use to ensure maximum protection.
The following information comes directly from two sources: Stella’s “Dear Client” handbook, and the BC Centre for Disease Control.
HIV
Acquired immunodeficiency syndrome (AIDS) is characterized by a set of symptoms provoked by a virus that we call the human immunodeficiency virus (HIV), which attacks the immune system (the body’s natural defense system).
HIV can be transmitted through blood, sperm, pre-ejaculatory fluid, vaginal secretions, and breast milk. These biological fluids need to be infected by HIV, then enter into contact with an opening on the skin where it can reach a non-infected person’s blood to make transmission possible.
The activities that put a person at risk for HIV are:
- vaginal or anal penetration without a condom;
- sharing dildos or sex toys without using condoms;
- sharing needles or injection materials (syringes, spoons, filters, etc);
- tattooing or body piercing equipment that is not sterilized.
HIV can be present in the body for years before it shows symptoms. These symptoms occur in various and general ways: fever, night sweats, major weight loss, persistent diarrhea, intense and inexplicable fatigue, cough, and skin rashes.
The Human Papilloma Virus (HPV)
HPV is a widespread viral infection. In Canada, we estimate that between 20 and 40% of the sexually active population carries HPV.
There are different types of HPV. The most frequent is warts—highly contagious genital warts that are transmitted through direct contact.
Warts can also be transmitted by other body parts (fingers, mouth, etc.), or by sex toys that have been in contact with warts. Transmission can also take place through infected genital secretions (pre-ejaculatory liquid, sperm, vaginal secretions), even without penetration.
The shape, size, and colour of warts can vary: they can resemble little cauliflowers, a rooster’s comb, small pimples, or flat lesions, with a head ranging from the size of a hairpin or a nut. They can be pink, red, or the same colour as the skin. Warts can be found at the head of the penis, the shaft of the penis, the testicles, on the inside or the outside of the vagina or anus, in the pubic area, or more rarely in the mouth and on the lips. They can cause an irritating sensation, itching or pain.
If you have symptoms similar to the ones listed here, it is essential that you see a doctor.
Herpes
There are two different types of herpes that affect the mouth and the lips (cold sores); and the penis, the vagina, and the anus (genital herpes). Herpes creates lesions, small ulcers or sensitive wounds that are painful to the touch. The herpes virus is sexually transmitted through direct contact with a lesion through oral, vaginal, or anal sex. For example, during oral sex, a cold sore on the mouth can transmit the herpes virus to the penis. The reverse is also true: herpes on the penis can transmit to the lips of a person who is giving fellatio.
Herpes can also be transmitted if your fingers or hands have been in touch with a lesion and they then touch your partner’s genitals, anus, or mouth. Even if there are no lesions, the risk still exists, because the herpes virus remains in the body for life. There are medications to reduce the intensity and time duration of symptoms of herpes, but they do not eliminate the virus in the body. It is essential to see a doctor if you have any of the herpes symptoms mentioned above.
Hepatitis A and B
Hepatitis is a disease of the liver. Symptoms include yellow-coloured eyes and skin, diarrhea and dark urine, stomachaches, appetite loss, and headaches.
The Hepatitis A virus can be found in feces and can be transmitted through sex that involves licking the anus, penis, or a toy that has been in contact with the anus.
Hepatitis B is transmitted through sperm and vaginal secretions. Sexual activities that are most likely to transmit Hepatitis B are the same as the ones that transmit HIV: vaginal or anal penetration without a condom and sharing dildos or sex toys. Hepatitis B is also transmitted through blood and saliva by sharing syringes, razors, toothbrushes, non-sterilized needles for tattooing and body piercing, etc.
Hepatitis A and B Vaccinations
Hepatitis A: 2 vaccines, 6 months apart will make you immune. STI clinics offer this free for men who have sex with men, otherwise buy it at the travel clinic.
Hepatitis B: 3 vaccines at 0, 1 month, 6 months. People born after 1980 probably got this in Grade 6 or as babies. Other people can get it at STI clinics or travel clinic.
Hepatitis C Virus (HCV)
HCV is a virus that attacks the liver, causing inflammation of the liver. Because the liver performs many important body functions, this can have a large effect on health and quality of life. HCV is passed by blood-to-blood contact, like sharing needles, tattoo equipment, razors or toothbrushes.
HCV is quite a hardy virus and can live outside the body (on a needle, razor, etc) for days. HCV is very common in injection drug users. There has been some sexual transmission of HCV, especially if sex involves blood (sex during menstrual period, rough sex, fisting).
People with HCV should use condoms. There has recently been a rise in HIV positive men who have sex with men getting HCV from rough sex or group sex.
Twenty-five percent of people who get HCV get rid of the virus on their own. There is a test to find out if this is what happened to your HCV. People with HCV should avoid alcohol, eat a balanced diet, and have regular monitoring with a doctor.
Syphilis
Because a lot of people don’t show symptoms and do not know that they are infected, it is recommended that you take regular tests for gonorrhea and chlamydia. To take a test, consult your doctor. Do not forget to ask for a test in your throat and anus. These tests (specifically the tests in the urethra, the path from which both men urinate and ejaculate, and in anus test) can be unpleasant and uncomfortable. Left untreated, these infections can cause a lot of complications and infertility. Once discovered, they are easily treatable with antibiotics.
Risks of Bareback Blow Jobs and Deep French-kissing
BBBJ: Syphilis, herpes, gonorrhea, low but possible risk for HIV (especially if you have sores in the mouth, recent toothbrushing or flossing.)
Deep French-kissing: Herpes, Possible risk for syphilis.
Risks of Analingus and/or Anal Sex
Person performing analingus can get Hepatitis A, or pick up bacteria that cause gastro-intestinal problems. Herpes and syphilis can also be transmitted to either partner this way. Use a barrier and wash well.
Anal sex is a risk for HIV, Herpes, Syphilis, Chlamydia, Gonorrhea, HPV, and Hepatitis B. The person receiving (the bottom) in anal sex is at more risk for HIV. Use condoms.
Infections and How They’re Spread
Genital skin-to-skin contact: Herpes, HPV (the virus that can cause genital warts, or lead to cervical cancer), syphilis, gonorrhea, chlamydia
Any body part skin-to-skin: Staph, crabs, scabies
Saliva: Not many STI’s are spread by saliva. There is a very low risk of passing Hep B through saliva. It is a good idea for all sex workers to get vaccinated for Hep B. It also is possible that Herpes may be transmitted by saliva. Meningitis and Mono can be passed this way, as well as the common cold, flu, and strep-throat.
Semen and vaginal fluid: HIV, Hep B
Blood: HIV, Hepatitis B and C
Airborne: Tuberculosis, colds and flu.
This infection is transmitted through oral, vaginal and anal sex. Transmission of syphilis through oral sex is much more common than with HIV. Syphilis has various symptoms throughout its stages of development. These symptoms can easily go unnoticed. In the first stage, syphilis causes a painless ulcer that, for men, can be found on the head of the penis, on the shaft of the penis, the base of the penis, or the pubic area. Indeed, it can be found anywhere on the body of a man or a woman: anus, rectum, lips, vulva, vagina, tongue, tonsils or throat.
The symptoms go away on their own after a few weeks, even without treatment, but the infection continues to progress and the individual is still contagious. Undiagnosed and untreated, syphilis continues to evolve and can create severe complications that can result in infertility, dementia, and cardiac problems. Only a blood test can determine the presence of syphilis. Speak with your doctor. Syphilis is easily treated with antibiotics.
Gonorrhea and Chlamydia
These STIs have the same method of transmission and present the same symptoms. Gonorrhea and chlamydia can be transmitted through oral sex or during vaginal and anal penetration. Gonorrhea is frequently transmitted through oral sex. Chlamydia does not have symptoms in 70% of infected people (7 out of 10 infected people).
Gonorrhea shows more symptoms in people (9 out of 10 infected people), but often it does not show symptoms if it is in the throat or the anus. When they do appear, the major symptoms are:
- green or yellowish discharge from the penis, usually accompanied by pain;
- burning sensation while urinating;
- pain around the testicles or swelling of the testicles.
is as diverse as the city itself. Sex Industry workers come from many different cultural backgrounds, is gender diverse including male, female and trans individuals and is genre diverse including exotic dancers and show lounges, the adult film industry, escorts and escort services, massage parlours and massage service as well as a large industry catering to the fetish community.
For more information on STI’s and HIV, condoms or HIV testing sites at the 2010 games, please visit the Safe Games 2010 website at;
What if you witness Human Trafficking?
Vancouver Sex Industry Liaison Officer
Office to Combat Trafficking in Persons
For more information on health and safety in the sex industry please visit;
www.tradesecretsguide.blogspot.com
How do I recognize human trafficking?
- The sex worker may seem reluctant or unwilling, under duress
- The sex worker may speak very little or no English
- The sex industry business is not located in a legitimate commercial property
- The work space is dirty or un kept
- The sex worker has multiple bruises on their body
- It seems the sex workers are living in the work space and a person seems to be guarding them or collects the money on their behalf.
We all have a responsibility to try to combat human trafficking in the sex industry. Unless we can identify and prosecute exploiters, we will never see safety in the sex industry.
Robin Pike, Executive Director
Robin.E.Pike@gov.bc.ca
(011) 1-250-953-4969
Lynda Malcolm- cell 604-516-9854.
If you witness working conditions in which you think a sex worker may the victim of human trafficking, PLEASE REPORT IT!! Most Vancouver Sex Industry workers are working by their own choice but want you to know we do not support the exploitation of youth or any person.
You can report it confidentially through;
Crime Stoppers
1-800-222-TIPS (8477)
FREQUENTLY ASKED QUESTIONS ABOUT THE 2010 OLYMPICS – PIVOT LEGAL
SECURITY
Q: How many security officials will be in Vancouver during the Games, and what will they be doing?
A: The Olympics will be the largest peacetime security operation in Canadian history, with an estimated 16,500 police, private security and military personnel and a $900 million budget. The Vancouver Police Department will handle policing in the city, RCMP and private security guards will provide security in the venues, and Canadian soldiers will provide security support during the Games, but will not be patrolling the city. U.S. military will be cooperating with Canadian Forces under the provisions of NORAD (North American Aerospace Defense Command); the U.S. will contribute Coast Guard and Navy vessels but no American troops will be involved on Canadian soil unless both countries declare a state of emergency. The U.S. State Department has leased an entire floor of a downtown Vancouver building for the month of February.
Q: How will security operations affect homeless people during the Games?
A: People sleeping close to Olympic venues like BC Place will be displaced during the Olympics. They will be asked to relocate before the Games begin, and may face arrest if they refuse to leave when the security fences go up. Officials have promised publicly that there are no plans to sweep the streets of homeless people or panhandlers during the Olympics. However, a new law called the Assistance to Shelter Act allows the police to use force to take homeless people to shelters against their will during cold weather.
Q: Will the police step up their enforcement of laws against possession and use of drugs, prostitution, sleeping in parks or street vending during the Olympics?
A: We cannot be sure. Officials have been saying that what’s legal today will be legal during the Olympics, and what’s illegal will continue to be illegal. Police have discretion in how they enforce the law, and there is no way to know whether they will decide to crack down on drug users, sex workers, homeless people or panhandlers during the Games. The city recently passed a new bylaw permitting City workers to issue tickets and impose $250 fines for street vending. Last year’s VPD ticketing blitz in the DTES has people worried they will be targeted for minor offences or arrested for unpaid fines.
Q: Will there be CCTV cameras monitoring people’s activities in public space during the Games?
A: The City voted to spend $2.6 million to install CCTV cameras in Olympic venues and public gathering areas. About 900 CCTV cameras will be put up in Olympic venues, and another 50 to 70 monitoring devices will be in place at celebration sites, along pedestrian corridors, and in the Granville Street entertainment district. There are no plans for Olympic cameras in the DTES.
PROTESTS
Q: Will protests be allowed during the Olympics? Will they be restricted to designated protest zones?
A: The Canadian Charter of Rights and Freedoms guarantees the right to freedom of speech and freedom of assembly. The Charter is part of Canada’s constitution, the highest law of the land. Officials have said many times that lawful protest will be allowed in public areas of the city, but unlawful activity like blocking roads or pedestrian access will result in enforcement action. One problem with this is that traditionally public areas, like David Lam Park, Robson Street and Granville Street will become “celebration sites” during the Olympics.
Officials said they would create “free speech areas” for protesters; many people pointed out that all of Canada is a free speech area, and officials clarified that they will not restrict protests to those zones, and people will be free to protest outside those areas. We still do not know how many protest zones there will be, how big they will be, or how surrounding neighbourhoods will be affected. Officials have not ruled out the use of agents provocateurs during protests – officers who incite violence during protests in order to justify police crackdowns. Similarly, they have not ruled out using undercover police to take over the leadership of activist groups or direct the activities of those groups.
Q: Will I be able to carry a sign or wear a t-shirt critical of the Olympics? What about handing out leaflets or other written material?
A: The City passed new bylaws to clarify that signs containing political messages, including signs critical of the Olympics, will not be confiscated or destroyed during the Games. The police say that signs will be permitted as long as they aren’t used as a weapon. If you are a spectator at an Olympic event, you will be searched and may not be allowed to carry any signs or display messages critical of the Olympics or Olympic sponsors.
Q: Will the Poverty Olympics and Women’s Memorial March be cancelled due to the Games?
A: The Women’s Memorial March happens every year on February 14, and the police and City of Vancouver have committed to ensuring the event can take place during the Olympics. Organizers of the event are still concerned about last minute route changes and increased police and surveillance of the march. The 2010 Poverty Olympics happen February 7, 2009, the week before the Games begin.
TRANSPORTATION
Q: Will I be able to get around during the Olympics? What parts of the City will be blocked off?
A: Hastings Street is a designated Olympic corridor, meaning that one lane in each direction will be reserved for Olympic traffic only. Pedestrian safety is a major concern. Streets throughout the Downtown Eastside such as Cordova, Powell and Gore will have 24-hour parking restrictions, meaning that people who work on these streets and who need a vehicle for their work will have a hard time finding parking during the Games.
Q: Will people be able to access the supervised injection site, food lines, and other services in the Downtown Eastside during the Olympics?
A: The Olympics are going to put a lot of pressure on the Downtown Eastside and make life more difficult for many people. Increased police presence, thousands of tourists, and an Olympic lane running through the heart of the community could make accessing necessary services more difficult. We all need to work together to do what we can to make sure that people’s lives are disrupted as little as possible due to the Olympics.
