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“I am disconnected from all the supports I previously had and the layers of security are gone.”Jade is a 50-year-old sex worker who has been operating as an escort north of Toronto for 16 years.In December 2014, the Conservative government put the Protection of Communities and Exploited Persons Act (PCEPA) in place, which made it an offense under the Criminal Code to purchase sexual services, communicate for that purpose and receive material benefit from sex work.“Many people may believe that Canada’s new laws around sex work are having a big impact on buyers without bringing harm to the workers.This article is not a legal opinion or legal advice.To find out the specific rules for your situation, consult a lawyer or notary.And PCEPA, formerly Bill C-36, was born, but it brought with it many of the same issues that were struck down in as posing risks to sex trade workers,” says Stephany Mandin, partner at Goldman Hine in Toronto.Two years later, many of the health and safety concerns that scholars, lawyers and industry experts had around the act have materialized.Arlene Pitts at York University in Toronto interviewed street-based sex workers who said the new law, at times, increases daily fears around safety, arrest, police harassment and discrimination.“Criminalization continues to force them to work in unsafe environments,” says Pitts in her report, .
“The prohibitions all heighten the risk the applicants face in prostitution — itself a legal activity,” Chief Justice Beverley Mc Lachlin wrote in the decision.
In fact, there is currently legislation in place that is exposing her to even more safety risks.“It infringes on my right to safety and security…
And the possibility of working with a network of people for both safety and camaraderie is near to impossible without breaking the criminal law,” says Jade.
Like many jobs, she is at risk for a variety of occupational health and safety issues, such as workplace violence, mental health problems and musculoskeletal disorders.
But unlike other workers, Jade does not have health and safety legislation to protect her.