The federal government had argued that the individuals and non-profit groups involved had no right to bring the case to court
A court case was launched in British Columbia in 2008 by an organization of sex workers and one former sex worker challenging the constitutionality of Criminal Code provisions dealing with adult prostitution. That case was dismissed by the B.C. Supreme Court in part because the trial judge found that the group did not have “public interest standing” to bring the case to court. The decision was overturned, but the federal government then appealed to the Supreme Court of Canada.
Now the Supreme Court has ruled that the original case may proceed. Kasari Govender, a co-counsel in the intervention, said “The Supreme Court recognized the practical barriers that marginalized individuals face in bringing forward complex constitutional litigation, and affirmed the right of individuals to work collectively to challenge laws that heighten their vulnerability.”
We speak with Kasari Govender, executive director of West Coast LEAF.
