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

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PIVOT LEGAL SOCIETYBenefits of paying taxThe benefits of inclusionSex workers stated that there would be benefits to paying income tax and becoming part of the“system.” Some participants said that paying tax would increase the social acceptance of sex workers,and promote their greater inclusion and equality in society. Some sex workers suggested that theirstatus as non-tax payers increases their marginalization:A. The taxes that’s the real marginalizing factor between us, what we do and the rest ofsociety. That’s what says you’re lower than a snake’s belly. You don’t pay taxes; I do . . .I want to be equal to the guy whose got the condo near where I’m working, in a highrisesomewhere, he’s working right, he’s paying taxes, that way he can’t look down onus and say they’re not paying taxes right? You don’t have the police and law enforcementand everything, you don’t get that, they’re not targeting you especially ‘causeyou’re not a tax payer right?Q. So you think that paying taxes would make you more equal-in society?A. Yep.A. Oh good point, ‘cause everybody else pays taxes.A. See when you’re, like I said I’ll use myself as an example, when I was homeless, ahomeless drug-addict slash fag or whatever, ‘cause I worked the stroll, everybodypisses on you. Everybody thinks they’re better than you and mainly, a lot of thebiggest thing, is the thing of society where if you sell your body you’re the lowest scumof the earth. I think if you paid taxes like he said. I think you would make it equal.- male street-level sex workersOthers commented that paying tax would reduce the stigma associated with being a sex worker:A. Well the basic stigmatism of a known sex trade worker, which is something that isgoing to be, in the next 10 years a lot of that attitude is going to go out the window,I hope. But – ah – Other than that, no I really can’t see – I think it would benefiteverything to pay taxes.- female street-level sex workerSome commented that paying tax would increase sex worker’s credibility in the eyes of the generalpublic:A. I think that we should actually pay into taxes and that might actually give us a littleboost as far as society looking down on us.A. Right.A. Credibility.A. Yeah, credibility.- female off-street out-call sex workersAcross all genders and areas of the sex industry, sex workers stated that they should pay their taxes likeall other Canadians and, thus, be treated the same as other citizens:A. Whatever we make, that’s what we have to pay out. I will be on the higher bracket. . . with the lawyers and stuff. They are getting their asses taxed off, probably. I feelit has to be straight across the whole way if we were to be decriminalized. They can’tjust make all these work exceptions for us . . .- female off-street in-call sex worker160
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformA. To me it’s like any other business. If it’s legalized then you pay taxes on it. And boy, Imean most people would probably disagree with me, but we gotta pay our fair sharetoo.- male street-level sex workerA. Oh I will list my job when it becomes decriminalized, sure, I’ll tell them. I’m going toclaim my income and submit my taxes like anyone else.- female off-street out-call sex workerA. If it’s gonna be decriminalized, and you are going to look at sex trade as a professionaljob, you can’t pick and choose. Okay, well we’ll do this, but we won’t do that. Imean, no other job gets to pick and choose.A. If everybody has to claim their money that they made, as actual wage, then so shouldyou if you are a sex trade worker, right?- female street-level sex workersNevertheless, many sex workers felt that they should not pay income tax under the current regime ofcriminalization because they do not receive the benefits of full citizenship. Some described the unfairnessof sex workers paying tax when they are denied the protection and consideration afforded to othercitizens:The economic benefitsA. Why should we pay our taxes as sex workers if we’re not going to be treated withrespect and if we’re not going to be able to call on the police to say ‘so and so rippedme off, or hurt me’ or whatever? Even if we can do it we may feel that we can’t. Wemay feel that they’ll focus more on what directly did you do, how did you meet thisperson, how did this happen, is it all your fault, kind of thing? So uh, really, I don’twant to play along with society’s rules in terms of getting business licenses and payingtaxes and so on, if I’m having to live as a second or third class citizen. It just doesn’tfly.- female massage parlour owner, former sex workerA. Why should you have to pay the government of Canada money for income tax ona profession that they do nothing to protect, help or even recognize, as a legitimatechoice for a profession? No.- female escort agency owner, former sex workerMany sex workers are willing to paying tax if by doing so they gain access to the rights andprivileges of being a tax payer, including access to benefits that would improve their financial security,such as CPP, EI and WCB. The reality, however, is that most of these benefits are only available toemployees. Sex workers do not have “employee” status, but work as independent contractors, becausecriminal laws relating to procuring and living on the avails mean that they cannot be “employed” assex workers.Some participants noted that paying tax allows sex workers, especially those earning high incomes,to have bank accounts, purchase homes and pay into RRSPs, allowing them to establish longer term Some participants also expressed the opinion that income from sex work should be non-declarable income because of its uniquequalities. These sentiments echo the demands made by the International Union of Sex Workers that there be no taxation of sex workers unlessthey have “the right to work on the same basis as other independent contractors and employers and to receive the same benefits asother self-employed or contracted workers” online: International Union of Sex Workers .161
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