In a decision described as the first of its kind in Canada, a former Halifax sex worker has won a lawsuit she filed against a client who refused to pay her. However, stakeholders in this sector of activity are divided on the consequences of such a judgment.
Brogan Sheehan had sued Bradley Samuelson in Small Claims Court over his failure to fully pay the sum agreed upon by the two before the performance.
The client claimed that the agreement was invalid because it is illegal to purchase sexual services, but arbitrator Darrel Pink pointed out that it remained applicable. He awarded $1800 to Mme Sheehan.
Prostitution remains a criminal act in Canada, even though a law penalizing those who sell sexual services has been repealed.
Paying for sexual favors remains illegal.
Jessica Rose, Mr.me Sheehan says she and her client wanted to present the economic realities of sex workers to the court.
Me Rose also wanted to raise awareness about the importance of sex workers being able to access the civil justice system to ensure they are treated fairly by their clients.
“This kind of issue had never been dealt with before a court until now,” says the lawyer.
The executive director of the Elizabeth Fry Society of Nova Scotia, Emma Halpern, says the decision will allow sex workers to have legal avenues to enforce their contracts.
According to her, the decision reflects a change in attitude within society and the legal community regarding prostitution. People are beginning to understand the difference between “extremely harmful and abusive things like sex trafficking and legitimate adult sex work, who is also a professional, who pays taxes, runs a business”.
Mme Halpern and M.me Sheehan plans to hold workshops for sex workers to help them better understand their legal rights.
Decriminalize sex work
But not everyone in the sex industry sees the court’s decision as a big step forward. Sandra Wesley, the chief executive of Stella, a Montreal organization that defends the rights of sex workers, supports the decision and says it will have a positive impact. But she argues that real change will come once politicians decriminalize sex work.
The vast majority of sex workers will not take legal action because sex work remains a criminal act in Canada, argues Ms.me Wesley. Going to class exposes a sex worker — and anyone associated with her — to the legal system.
“Even if a worker has a chance of winning, she runs the risk of having her business closed, that the police be notified of her activity, of being evicted from her accommodation, of being deported, she lists. Being a criminal has many consequences, even if you win in court. »
Mme Wesley argues that the Small Claims Court ruling violates federal law passed in 2014. The Protecting Communities and Exploited Persons Act emphasizes the importance of “exposing and prohibiting the purchase of services sex because it contributes to creating a demand for prostitution”.
“I hope that the Minister of Justice [David Lametti] and that the prime minister [Justin Trudeau] have read the decision, have read the law and consider that the time has come to change it,” she says.
However, other experts question the real impact of the decision on case law given that it was issued by a lower court.
“The usual hierarchy of courts does not apply in this case, believes Wayne MacKay, professor emeritus of the Faculty of Law at Dalhousie University. Another small claims court judge or a higher court judge can rule otherwise. »
However, if this decision does not create a precedent, it could influence other courts, he adds.
“The message is sent. Sex work is work, legal work that deserves to be treated like any other legal work. If people don’t get paid, they can go and claim their dues in small claims court. »
This article was produced with the financial support of the Meta Fellowships and The Canadian Press for News.