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Below is Queer Ontario’s submission to the Department of Justice (Canada), which has been seeking public input on so-called prostitution-related offences in Canada since February 17, 2014.
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This public consultation process was set up after the Supreme Court of Canada ruled unanimously last year to strike down the laws that prohibit individuals from operating brothels, living on the avails of prostitution [sic], and communicating for the purposes of prostitution [sic], on the basis that they were too broad and effectively endangered the health, safety and lives of sex workers. The Supreme Court gave the Government of Canada one year to develop new laws to regulate prostitution-related offences, should it decide to do so –– and it has.
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The Department of Justice’s consultation questionnaire closes on March 17, 2014, and can be filled out at: http://www.justice.gc.ca/eng/cons/curr-cours/proscons-conspros/index.html.
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A read-only version of Queer Ontario’s submission has been provided below.  It is followed by a downloadable version.
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Downloadable version: Queer Ontario Department of Justice Submission re Sex Work 
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This morning, the Supreme Court of Canada issued two rulings on the criminalizability of individuals living with HIV if they do not disclose their HIV-positive status to a sexual partner before engaging with them, sexually.  The rulings are in response to a case in Manitoba, where a man was charged with nine counts of aggravated sexual assault based on his failure to disclose his HIV‑positive status to nine complainants (none of the complainants contracted HIV); and a case in Quebec, where a woman with HIV was charged with sexual assault and aggravated assault for failing to disclose her HIV-positve status to a partner.
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The Supreme Court of Canada has effectively ruled that laying such charges on an individual who is HIV-positive, with an undetectable viral load, and who made proper use of a condom, is unreasonable because the “realistic possibility of transmission of HIV is negated” in such a context.
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The Manitoba case ruling can be found here:
http://scc.lexum.org/en/2012/2012scc47/2012scc47.html

The Quebec case ruling can be found here:
http://scc.lexum.org/en/2012/2012scc48/2012scc48.html

The CBC’s report on the ruling an be found here:
http://www.cbc.ca/news/health/story/2012/10/05/supreme-court-hiv-ruling.html

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Finds faults in the Dispute Resolution Panel’s ruling on QuAIA’s participation in the Toronto Pride Parade
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Queer Ontario would like to offer Pride Toronto an alternative solution for addressing political dissent within the community and/or among funders, inspired by the July 12 release of the Dispute Resolution Panel’s (DRP) rationale for allowing Queers Against Israeli Apartheid (QuAIA) to march in the Toronto Pride Parade…
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Although the rationale reveals itself to be reasonable, it is nevertheless replete with procedural issues. This includes concerns about apprehensions of bias; the formality of the legal process; and confusions regarding the legitimacy of complaints.
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Queer Ontario recognizes the important role that dispute resolution processes play in certain venues, but feels that this model is grossly ill-fitted for what ultimately needs to be a community-based Pride Festival put on by the community, for the community.
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To this end, Queer Ontario recommends that:
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1.   The Pride Toronto Board take on the responsibility of interpreting and enacting the organization’s mandate, by working with the community to ensure inclusivity, as outlined in the organization’s mission and values.
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2.   The Pride Toronto Board abolish the DRP and never force a community group to have to justify its right to take part in the Pride festival again.
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3.   The Pride Toronto Board commit itself to community development, which includes educating individuals within Toronto’s LGBTQ communities about the complexities of our politics, and encouraging a place of understanding and pluralism.
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4.   The Pride Toronto Board commit itself to public education, where it teaches its stakeholders about the significance of freedom of speech, freedom of expression, and freedom of assembly within our communities.
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For further reading, Queer Ontario provides an analysis on the DRP decision at:
http://www.scribd.com/doc/100368095/QueerOntario-DRPRulingAnalysis
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For Interviews:
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Nick Mulé
Queer Ontario Chairperson
nickjmule@gmail.com
416.926.9135
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A PDF version of this release can be found here:

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