Sex worker wins in Nova Scotia court, but ruling leaves sex industry conflicted
In a legal decision described as the first of its kind in Canada, a Halifax sex worker successfully sued a client for nonpayment of services, but actors in the industry are conflicted about the ruling’s impacts.
Former sex worker Brogan Sheehan took Bradley Samuelson to small claims court after he didn’t fully pay her fee, which both parties had agreed to beforehand. Samuelson argued that the agreement was invalid because it is illegal to purchase sexual services, but court adjudicator Darrel Pink said the contract could still be enforced and awarded Sheehan $1,800.
Sex work remains criminalized in Canada, but a 2014 law removed criminal penalties for people, like Sheehan, who sell sexual services. Paying for sex, however, remains illegal.
Sheehan’s lawyer, Jessica Rose, says she and her client wanted to expose the court to the “economic realities of doing sex work.” As well, Rose said they wanted to raise awareness about “what is needed as far as access to the civil justice system to ensure sex workers are treated fairly by their clients.”
“This type of issue had never been addressed before in court,” Rose said in a recent interview.
Emma Halpern, executive director of the Elizabeth Fry Society of Mainland Nova Scotia, says the decision empowers sex workers to seek legal remedies to enforce their contracts.
The decision also reflects a changing attitude within society and the law toward sex work, Halpern said. The public is beginning to understand the difference between “extremely harmful, predatory things like sex trafficking, and legitimate sex work by an adult who is a worker, pays taxes, has a business.”
As a response to the ruling, Halpern and Sheehan said they planned to hold workshops for sex workers to help them
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