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

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PIVOT LEGAL SOCIETYA. I think that the ideal situation just in – in a house where there is a sort-of collective,but maybe one person that or two people, that are basically taking care of keepingthe house safe. There should be an advocate or somebody in the house that is votedon or picked or voted on in a collective to take in the complaint. And go over it, andtalk over with the person making the complaint and make sure that it’s in the properorder and all the things that she wants complained about, are in it. Rather than justa general idea, it’s an actual complaint and then take it from there.- female street-level sex workerSome sex workers felt that working in a collective would create a healthy work environment and agreater sense of community among women in the industry:A. So everyone would have the same goal – like the girls would want to make moneyand they want to . . .A. Equal, yes.A. And I don’t want to make more than this girl, but we all do the same.A. The same amount of work.A. It might help the cooperation instead of the competition actually, mightn’ it?A. That would be something to be overcome maybe too. Because it is fierce competition.But I like the idea of the co-operative or a collective. It seems to me . . . it’s the isolationfactor is the biggest hardship in a way . . . . And for a lot of women there, that’sthe only place, that if you don’t show up, after a while, somebody is concerned andwondering where you are. Cause for a lot of those women, there’s no-one else. Andyou’re not necessarily all that close to anybody at WISH. But it’s the camaraderie,right? You don’t have to get like personal – Without being personal. It’s really beautiful.But it really struck me a few times, that its all that anybody has. Because you getso isolated because you are out-cast and you are working alone. Like bus drivers, theydon’t work alone. But they have such camaraderie between each other, and they arealways looking out for each other and they hardly ever make each other late to makeeach other wait a shift, cause you might have to drive for two hours, to get off that bus,if you’re late. Y’know if the other guy’s late for a shift. So they all they are like us, theyall work alone, but they really have an acute understanding of the hardships . . .A. Cab drivers are the same way.A. Yeah, yeah. And they go to each other’s rescue, like that. Because they really know thehardship and stuff. So they have a brotherliness, that we’ve got to develop.- female street-level sex workersGeneral, the sex workers we interviewed embraced the idea of working in a collective as a means ofcreating a safe, egalitarian and non-exploitive work environment.Formal collective arrangementsWhile sex workers would be free to establish informal collaborative or cooperative structures, theymay wish to consider formalizing these by establishing a legal corporation or cooperative.Incorporation would enable workers to formally set out the respective rights and obligations ofthe “owner” members, as well as rules and decision-making procedures. Since the cost of forming acompany is currently less than $500, this should not be prohibitive for all but the most impoverishedsex workers, if shared between four or five workers.The major attraction of establishing a formal corporate entity is that it would enable the “owner/workers” to be hired by the company as employees – in effect, they would “hire” themselves. While144
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformthis would have little practical significance under the ESA as the employees would also be the ownersof the company, it would facilitate access to workers’ compensation and Canada Pension Plan benefits.Also, it could be used to facilitate the establishment of a pension or retirement scheme for theowner/employees However, sex workers would still not be eligible for employment insurance since theAct requires that employees and the corporate employer be at arms length.In addition to these other benefits, it may be useful to establish a corporation or cooperativebecause it could act as a support and lobby organization for all sex workers. Such an organizationcould offer a number of services, including:• advice;• training;• access to supplies through bulk purchasing;• income replacement insurance as an alternative to Employment Insurance;• lobbying; and• dispute resolution.The development of sex worker corporations or cooperatives would provide several of the functionsthat unions serve, but on a potentially broader scale, as it could function like a professional associationfor sex workers. Indeed, an aggregation of such entities could constitute an association with anelected board composed of peers. An association comprising and operated solely by sex workers wouldbe best suited to providing the above noted services in a manner that is both sensitive and appropriatefor sex workers. Also, sex workers could benefit from the united front offered by a professional associationto end exploitation and violence in the workplace.Employment benefits and protections for sex workers recommendationsRepeal the criminal laws relating to adult prostitution1. Repealing the criminal laws relating to adult prostitution (ss. 210, 211, 212(1), 212(3) and 213)is the critical first step towards providing sex workers with access to the employment and labourprotections that are generally afforded to workers under the laws of B.C. and Canada.Employment standardsEmployment standards branch2. Provide sensitivity training and education to all levels of staff at the Employment StandardsBranch so that they are able to handle cases involving sex workers in a sensitive and respectfulmanner.Recognition of sex work as “work”3. Consensual adult sex work should be recognized as work.4. Sex workers should be given full access to the rights and protections found in the ESA, LRC, WCAand OHSR.5. Persons who are coerced or forced to engage in prostitution against their will should have fullaccess to the protections found under the criminal laws of Canada, and specifically those provisionswhich prohibit sexual and physical assault, harassment, threatening, and extortion.145
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