Beyond Decriminalization: Sex-work, Human Rights and a New ...

PIVOT LEGAL SOCIETYmous thing. To have it reported, y’know what I mean. Then if they get two of them,then they will be knowing that there is something going on . . . Then they wouldn’tknow which girls are doing – that they are doing that. Amongst themselves theywould talk about be having this happen, and they all know it. So that would givethem a chance to do that without losing their jobs . . . So that they could report it. Aphone number, actually, that is a really good idea. A work line. For these agencies,because the crap that goes on at, y’know, six o’clock in the morning when they areexpecting, y’know, is putting your life at risk. And you are pressured into it. You needto have someone that they don’t know and y’know, to put that agency back in line.Just because of that money-hungry thing, y’know. So. Yeah I think that phone linething is a really good idea. Because if they had more than one, and at the time, theycan be there even for that particular problem. A good idea.- female off-street out-call sex workersConcerns were raised about the loss of privacy that occurs once a complaint is filed with thegovernment:Q. Yah? Okay here’s another one. If you make a claim for compensation, or if you file acomplaint against your employer, your workplace personal records, including yourmedical records, can be inspected by people from the government. How do you feelabout that?A. I don’t like it, but that’s something we’d have to give up. It truly is . . .Q. How do you guys feel about that? So I’ll just say it again. The issue is whether, youknow, as a result of WCB, you can make a claim or complaint, they can look at yourfiles.A. Hmm. I think if they want to do it, they’re going to find a way to do it anyways.A. That’s right.A. ‘Cause they’re the government.- male street-level sex workersAside from sex work, there are already concerns about the effectiveness of the ESA complaint process.There is evidence that the complaint process does not work well for unrepresented workers. As theLaw Commission of Canada notes:The effectiveness of complaint-driven enforcement mechanisms depends on the ability ofindividual workers or their bargaining agent to take action. Unrepresented workers have a verylimited ability to take action against violations of labour standards. Moreover, many workersare unaware of the protections they do have. Most complaints are made once the employeeleaves the workplace, a fact that demonstrates the real and perceived threat of reprisal againstemployees who complain about their employment while on the job… [I]t is not uncommonfor workers to be told that any kind of resistance to or complaint about work conditions willbe met with dismissal. Few workers are willing to take the risk. Many also find the complaintprocedure confusing and intimidating. Added to this is the problem of reduced spending onenforcement and compliance. Budget cuts at all levels of government mean that even wherethere is a willingness and desire to assist vulnerable workers, the resources are insufficient fortimely investigation and resolution of complaints. 125The point may be particularly pronounced in the case of what the Law Commission of Canada terms“stigmatized” workers, including exotic dancers:125 Is Work Working, supra note 10, at 22.140