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Toronto's NOW Magazine remains defiant in opposition to new prostitution laws

Partial view of NOW Magazine cover for the week of Dec. 17, 2014.

NOW Magazine, a free Toronto weekly, stood alongside fellow opponents of Canada’s new prostitution laws Wednesday, and stood by its decision to run sexual service ads despite the legal grey area they now fall into.

A coalition of sex workers and civil rights activists gathered at the Ontario legislature on Wednesday to mark the International Day to End Violence Against Sex Workers and protest the laws enacted earlier this month.

Opponents of the new laws are urging provincial leaders to oppose the recently-enacted changes, which they say criminalizes sex workers and includes a crackdown on advertising those services.

The Protection of Communities and Exploited Persons Act makes it illegal for a third party to advertise the sale of others’ sexual services. The government notes this could extend to publishers and website administrators.

NOW Magazine has run back-of-magazine ads for sexual services that could be challenged by the law. The magazine said in a recent statement that it “has refused to discriminate against sex work and sex workers while allowing advertising from other less stigmatized businesses.”

In a statement, NOW Editor and CEO Alice Klein said the publication has retained legal expert Alan Young – who played a role in overturning the former prostitution laws – to offer opinion on the right to run ads.

“With the new law in place, NOW is threatened by the loss of ad revenue needed to finance its independent journalism and under attack with the worry that criminal charges could be laid against us. However, the constitutionality of this new law is highly questionable. And the provisions around advertising are murky,” reads the published statement.

"Supported by a substantive study of the wording of the law, we believe that running ads placed by sex workers themselves is still legal and we are transitioning our business to comply with this new regulation."

In a recent interview with Yahoo Canada News, Pivot Legal Society executive director Katrina Pacey, said there was some ambiguity around the advertising law.

It is still legal for a sex worker to advertise their own services, but the law would prohibit more than one worker from sharing the advertisement, because it could be argued that one was advertising the services of the other.

From the perspective of publications like NOW, she said the key appears to be ensuring the person requesting the advertisement was the person in question. Regardless, it is possible this would be found unconstitutional on a legal challenge.

To that end, the Canadian HIV/AIDS Legal Network announced on Wednesday it had sent letters to the premiers of Ontario, Quebec, Manitoba and British Columbia, urging them to investigate the constitutionality of the Protection of Communities and Exploited Persons Act, and take appropriate action.

"The Act cannot be reconciled with a concern for the health and welfare of sex workers. It will expose sex workers to further stigma and discrimination, diminish the control sex workers have over their working conditions, and gravely threaten their health and safety," the letter reads.

"The Government of Canada has passed this new law despite the objections of those who will be most affected, including outdoor sex workers, who are among the most marginalized and vulnerable."

The agency goes on to urge premiers to refer the Act to their provincial Court of Appeal “before pursuing prosecution under these laws, or directing police to enforce these laws.”

The federal government was forced to come up with new prostitution rules after the Supreme Court struck down the country’s previous laws last year, calling them unconstitutional.

While prostitution is legal in Canada, the previous laws criminalized nearly everything surrounding it. Advocates say the new laws are no better, even arguing that they force sex workers into dangerous situations without support.

Ontario premier questions new laws

Earlier this month, Ontario Premier Kathleen Wynne said she had “grave concerns” about the new prostitution laws, and whether they will actually keep women safe.

She said in a statement that they would be considering what options they have, should the constitutionality of the new laws be challenged.

"We must enforce duly enacted legislation, but I believe that we must also take steps to satisfy ourselves that, in doing so, we are upholding the constitution and the Charter," Wynne said in a statement.

It is that sense of caution and concern that the coalition was appealing to on Wednesday, urging Wynne and other provincial leaders to take an active role in blocking the legislation from being used.

“Sex workers have been abandoned by their own federal government with this new law,” Sex Professionals of Canada legal coordinator Valerie Scott said, via NOW Magazine. “If our leaders truly care about making sex workers safer, they will stop criminalizing our work, our workplaces and our clients.”

Whether premiers take note of the call is another question, however. While Ontario’s premier has said she is concerned, she also said they will enforce the laws, at least until a constitutional challenge.

Vancouver police sex enforcement guidelines stress ensuring the safety of sex workers over enforcement.

"Sex work involving consenting adults is not an enforcement priority for the VPD," the guidelines read. British Columbia Premier Christy Clark recently told the Globe and Mail she supports that stance.

So there may be appetite for caution. But a commitment to challenge the federal government? That is yet to be seen.