Dharm Makwana

A legal challenge mounted in British Columbia against laws governing prostitution will go forward after an appellate court ruled Tuesday the plaintiffs have public interest standing.

Retired prostitute Sheryl Kiselbach and an umbrella group representing survival sex workers can now go forward in their attempt to strike three laws surrounding prostitution from the criminal code on constitutional grounds in hopes of creating safer working environments.

"One of the biggest things that would come out of this is that sex workers are going to be more able to report violence to police without any consequences or repercussions," said Kiselbach, 59, who worked in the sex industry for 30 years. "That to me is a really big step because it gives them power and takes away power from predators."

In December 2008, B.C. Supreme Court accepted a federal government argument to have Kiselbach's case thrown out because only active sex workers could challenge the laws. Working prostitutes represented by the Downtown Eastside Sex Workers United Against Violence Society were not named as plaintiffs.

Defence lawyer Katrina Pacey said the decision afforded marginalized groups greater access to the court system.

"We know it's incredibly important when people feel that laws are affecting them and affecting their rights," she said.

Neither Pacey nor Kiselbach would speculate on how legalized prostitution in British Columbia would work should the constitutional challenge be successful.

"We know there's a series of laws that apply to every other type of employment and every other business that will become applicable to sex work and to the sex industry," Pacey said.

The group wants strike laws surrounding communication, keeping a bawdy house and procuring.