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GOVERNMENT FAILURE TO RESPECT SEX WORKERS’ HUMAN RIGHTS FORCES SEX WORKERS BACK TO COURT

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Sex Worker Legal Media Briefing: Monday, October 3, 2022, 1pm, 330 University Avenue (Ontario Superior Court)

 

September 29, 2022 – The Canadian Alliance for Sex Work Law Reform — an alliance of 25 sex worker led groups representing thousands of sex workers across the country — along with several individual applicants, is going back to court to challenge sex work laws next week. The Protection of Communities and Exploited Persons Act (PCEPA) introduced in 2014 has failed to protect sex workers and has caused grave human rights violations. In 2014, the Liberal government promised to repeal PCEPA; 7 years later they have failed to act and sex workers have been forced to work in the context of criminalization causes harm to their lives.

 

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“Taken individually and together, the PCEPA provisions reproduce harms of the criminal laws struck down in Canada v. Bedford and causes new harms to all sex workers,” says Jenn Clamen, National Coordinator of the Canadian Alliance for Sex Work Law Reform (CASWLR) speaking at a media briefing this morning. “We don’t want to be going to court again, it is a waste of precious community resources and time. This government can put an end to this by proposing a Bill for total decriminalization of sex work that would save lives and protect sex workers’ human rights. The harms of these provisions are extensively documented in our evidentiary record, which includes academic and community research on the experiences of Indigenous, Black, racialized, trans, and migrant sex workers across the country, many of whom work in some of the most difficult conditions.”

Sex worker rights organizations are seeking to strike down criminal prohibitions on sex work arguing they violate sex workers’ human rights to dignity, health, equality, security, autonomy, and safety of people who work in the sex industry, which includes their right to safe working conditions. 

Before PCEPA became law, sex workers warned of the dangers of criminalization; the Liberal, NDP, and Green Party rejected the PCEPA as it moved its way through the House of Commons. Once passed, however, there has only been government inaction and many expected harms to sex workers’ lives.

The most marginalized sex workers working in public space feel the brunt of PCEPA. Monica Forrester, a 2Spirit Black and Indigenous sex worker explains, “Clients fear detection by police, which impacts my ability to communicate with them, and make my work riskier. I cannot negotiate prices and services with clients, especially in public spaces, because the police might show up. The fear of police makes me rush and I’m not able to do the screening I need to. PCEPA puts me at risk every day, it must be repealed, let us work safely.”

 

PCEPA criminalizes communicating to sell sexual services in public, communicating to purchase sexual services in any context, facilitating or receiving a benefit related to the purchase of someone else’s sexual services, and advertising sexual services.  

 

“Black sex workers are isolated and criminalized by PCEPA, these racist laws must be repealed” added Ellie Ade Kur. “Black sex workers are often required to rely on existing networks of other Black sex workers for help and support, but due to anti-Black racism, Black sex workers are often characterized as “pimps” when working together, for example, by sharing space, sharing supports, and splitting costs for services like drivers, booking, and screening support. As a result, Black sex workers have reported that they are afraid that helping one another will result in arrest and prosecution for third party offences.” 

 

Sex workers face risk child apprehension, loss of life and life supports, detention and deportation, experience targeted violence, lack of access to health, legal, and social sercices experience human rights abuses as sex workers try to avoid detection by law enforcement, live and work in precarious and unsafe conditions, and do not seek help or report crimes against them. 

 

“Unlike other industries, the criminalization of sex work gives police the power to investigate sex workers’ workplaces, and the impact of their decision touch on all aspects of sex worker lives. This is especially true for Asian and migrant sex workers, these laws must be repealed”, added Elene Lam, founder of Butterfly Asian and Migrant Sex Worker Support Network explains, “Sex workers are less likely to get help when they need it and the vast majority of Butterfly participants who have been injured in the workplace have not reported the injuries or sought compensation. Both sex workers and managers have indicated that they are afraid of disclosing their involvement in the sex industry, because it threatens their livelihood, and they may lose their immigration status and face deportation.”
 
“The Crown and anti-sex work advocates intervening in the case continue to ignore the realities of the most marginalized sex workers working in the most difficult conditions. This law, that fundamentally denies sex workers’ constitutional rights, needs to be struck down,” says Sandra Ka Hon Chu, co-director of the HIV Legal Network, member of CASWLR.

 

This is the first constitutional challenge to PCEPA provisions initiated by sex workers, and the first to challenge all the provisions individually and together arguing they violate sex workers’ human rights to dignity, health, equality, security, autonomy and safety of people who work in the sex industry, which includes their right to safe working conditions. Public hearings at Superior Court begin on October 3rd and continue throughout the week. 

For more information about the case: http://sexworklawreform.com/wp-content/uploads/2022/09/Infosheet-ENG.pdf

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Canada Child Benefit payment on Friday | CTV News – CTV News Toronto

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More money will land in the pockets of Canadian families on Friday for the latest Canada Child Benefit (CCB) installment.

The federal government program helps low and middle-income families struggling with the soaring cost of raising a child.

Canadian citizens, permanent residents, or refugees who are the primary caregivers for children under 18 years old are eligible for the program, introduced in 2016.

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The non-taxable monthly payments are based on a family’s net income and how many children they have. Families that have an adjusted net income under $34,863 will receive the maximum amount per child.

For a child under six years old, an applicant can annually receive up to $7,437 per child, and up to $6,275 per child for kids between the ages of six through 17.

That translates to up to $619.75 per month for the younger cohort and $522.91 per month for the older group.

The benefit is recalculated every July and most recently increased 6.3 per cent in order to adjust to the rate of inflation, and cost of living.

To apply, an applicant can submit through a child’s birth registration, complete an online form or mail in an application to a tax centre.

The next payment date will take place on May 17. 

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Capital gains tax change draws ire from some Canadian entrepreneurs worried it will worsen brain drain – CBC.ca

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A chorus of Canadian entrepreneurs and investors is blasting the federal government’s budget for expanding a tax on the rich. They say it will lead to brain drain and further degrade Canada’s already poor productivity.

In the 2024 budget unveiled Tuesday, Finance Minister Chrystia Freeland said the government would increase the inclusion rate of the capital gains tax from 50 per cent to 67 per cent for businesses and trusts, generating an estimated $19 billion in new revenue.

Capital gains are the profits that individuals or businesses make from selling an asset — like a stock or a second home. Individuals are subject to the new changes on any profits over $250,000.

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The government estimates that the changes would impact 40,000 individuals (or 0.13 per cent of Canadians in any given year) and 307,000 companies in Canada.

However, some members of the business community say that expanding the taxable amount will devastate productivity, investment and entrepreneurship in Canada, and might even compel some of the country’s talent and startups to take their business elsewhere.

WATCH | The federal budget hikes capital gains inclusion rate: 

Federal budget adds billions in spending, hikes capital gains tax

3 days ago

Duration 6:14

Finance Minister Chrystia Freeland unveiled the government’s 2024 federal budget, with spending targeted at young voters and a plan to raise capital gains taxes for some of the wealthiest Canadians.

Benjamin Bergen, president of the Council of Canadian Innovators (CCI), said the capital gains tax has overshadowed parts of the federal budget that the business community would otherwise be excited about.

“There were definitely some other stars in the budget that were interesting,” he said. “However, the … capital gains piece really is the sun, and it’s daylight. So this is really the only thing that innovators can see.”

The CCI has written and is circulating an open letter signed by more than 1,000 people in the Canadian business community to Trudeau’s government asking it to scrap the tax change.

Shopify CEO Tobi Lütke and president Harley Finkelstein also weighed in on the proposed hike on X, formerly known as Twitter.

Former finance minister Bill Morneau said his successor’s budget disincentivizes businesses from investing in the country’s innovation sector: “It’s probably very troubling for many investors.”

Canada’s productivity — a measure that compares economic output to hours worked — has been relatively poor for decades. It underperforms against the OECD average and against several other G7 countries, including the U.S., Germany, U.K. and Japan, on the measure. 

Bank of Canada senior deputy governor Carolyn Rogers sounded the alarm on Canada’s lagging productivity in a speech last month, saying the country’s need to increase the rate had reached emergency levels, following one of the weakest years for the economy in recent memory.

The government said it was proposing the tax change to make life more affordable for younger generations and fund efforts to boost housing supply — and that it would support productivity growth.

A challenge for investors, founders and workers

The change could have a chilling effect for several reasons, with companies already struggling to access funding in a high interest rate environment, said Bergen.

He questioned whether investors will want to fund Canadian companies if the government’s taxation policies make it difficult for those firms to grow — and whether founders might just pack up.

The expanded inclusion rate “is just one of the other potential concerns that firms are going to have as they’re looking to grow their companies.”

A man with short brown hair wearing a light blue suit jacket looks directly at the camera, with a white background behind him.
Benjamin Bergen, president of the Council of Canadian Innovators, said the proposed change could have a chilling effect for several reasons, with companies already struggling to access and raise financing in a high interest rate environment. (Submitted by Benjamin Bergen)

He said the rejigged tax is also an affront to high-skilled workers from low-innovation sectors who might have taken the risk of joining a startup for the opportunity, even taking a lower wage on the chance that a firm’s stock options grow in value.

But Lindsay Tedds, an associate economics professor at the University of Calgary, said the tax change is one of the most misunderstood parts of the federal budget — and that its impact on the country’s talent has been overstated.

“This is not a major innovation-biting tax change treatment,” Tedds said. “In fact, when you talk to real grassroots entrepreneurs that are setting up businesses, tax rates do not come into their decision.”

As for productivity, Tedds said Canadians might see improvements in the long run “to the degree that some of our productivity problems are driven by stresses like housing affordability, access to child care, things like that.”

‘One foot on the gas, one foot on the brake’

Some say the government is sending mixed messages to entrepreneurs by touting tailored tax breaks — like the Canada Entrepreneurs’ Incentive, which reduces the capital gains inclusion rate to 33 per cent on a lifetime maximum of $2 million — while introducing measures they say would dampen investment and innovation.

“They seem to have one foot on the gas, one foot on the brake on the very same file,” said Dan Kelly, president of the Canadian Federation of Independent Business.

WATCH | Could the capital gains tax changes impact small businesses?: 

How could capital gains tax increases impact Canadian small businesses? | Power & Politics

2 days ago

Duration 12:18

Some business groups are worried that new capital gains tax changes could hurt economic growth. But according to Small Business Minister Rechie Valdez, most Canadians won’t be impacted by that change — and it’s a move to create fairness.

A founder may be able to sell their successful company with a lower capital gains treatment than otherwise possible, he said.

“At the same time, though, big chunks of it may be subject to a higher rate of capital gains inclusion.”

Selling a company can fund an individual’s retirement, he said, which is why it’s one of the first things founders consider when they think about capital gains.

LISTEN | What does a hike on the capital gains tax mean?: 

Mainstreet NS7:03Ottawa is proposing a hike to capital gains tax. What does that mean?

Tuesday’s federal budget includes nearly $53 billion in new spending over the next five years with a clear focus on affordability and housing. To help pay for some of that new spending, Ottawa is proposing a hike to the capital gains tax. Moshe Lander, an economics lecturer at Concordia University, joins host Jeff Douglas to explain.

Dennis Darby, president and CEO of Canadian Manufacturers & Exporters, says he was disappointed by the change — and that it sends the wrong message to Canadian industries like his own.

He wants to see the government commit to more tax credit proposals like the Canada Carbon Rebate for Small Businesses, which he said would incentivize business owners to stay and help make Canada competitive with the U.S.

“We’ve had a lot of difficulties attracting investment over the years. I don’t think this will make it any better.”

Tech titan says change will only impact richest of the rich

A man sits on an orange couch in an office.
Ali Asaria, the CEO of Transformation Lab and former CEO of Tulip Retail, told CBC News that the proposed change to the capital gains tax is ‘going to really affect the richest of the rich people.’ (Tulip Retail)

Toronto tech entrepreneur Ali Asaria will be one of those subject to the expanded capital gains inclusion rate — but he says it’s only fair.

“It’s going to really affect the richest of the rich people,” Asaria, CEO of open source platform Transformer Lab and founder of well.ca, told CBC News.

“The capital gains exemption is probably the largest tax break that I’ve ever received in my life,” he said. “So I know a lot about what that benefit can look like, but I’ve also always felt like it was probably one of the most unfair parts of the tax code today.”

While Asaria said Canada needs to continue encouraging talent to take risks and build companies in the country, taxation policies aren’t the most major problem.

“I think that the biggest central issue to the reason why people will leave Canada is bigger issues, like housing,” he said.

“How do we make it easier to live in Canada so that we can all invest in ourselves and invest in our companies? That’s a more important question than, ‘How do we help the top 0.13 per cent of Canadians make more money?'”

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Canada Child Benefit payment on Friday | CTV News – CTV News Toronto

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More money will land in the pockets of Canadian families on Friday for the latest Canada Child Benefit (CCB) installment.

The federal government program helps low and middle-income families struggling with the soaring cost of raising a child.

Canadian citizens, permanent residents, or refugees who are the primary caregivers for children under 18 years old are eligible for the program, introduced in 2016.

300x250x1

The non-taxable monthly payments are based on a family’s net income and how many children they have. Families that have an adjusted net income under $34,863 will receive the maximum amount per child.

For a child under six years old, an applicant can annually receive up to $7,437 per child, and up to $6,275 per child for kids between the ages of six through 17.

That translates to up to $619.75 per month for the younger cohort and $522.91 per month for the older group.

The benefit is recalculated every July and most recently increased 6.3 per cent in order to adjust to the rate of inflation, and cost of living.

To apply, an applicant can submit through a child’s birth registration, complete an online form or mail in an application to a tax centre.

The next payment date will take place on May 17. 

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