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

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