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

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PIVOT LEGAL SOCIETYIn addition to being denied wages for their work, some migrant sex workers are not paid at all. Theirearnings for sexual activity sold are paid directly to their “owner,” pimp or boyfriend:A. I know a couple of guys that always come to the massage parlour to take the girl. AndI believe the owner does not own the girls sometimes. Sometimes, they may own oneor two, but sometimes like what I saying they are richer. But most of the girls are notricher; they just have a pimp to do it. So they have their own pimp.Q. So, it’s not necessarily the massager parlour that’s buying them? It’s somebody else.A. They do too, but they probably got one or two. And actually, what they doing becausethey do not want to get caught, they will find some guy to do them that job. So, theydealing with all the pimps.Q. Yeah, so what about the . . . You have suffered some violence, but you had the right tosay no. Did you see any of those other girls suffering?A. I saw some girls suffering . . . One girl she got a pimp, and she said that’s herboyfriend . . . And her boyfriend is a dealer; and like he is supplying her with thedrugs. Like all the money it’s go to the dealer. Like the boss over at the massagerparlour, he won’t give the girl money . . . You can say they are professionally doingsexually, you know like prostitution and stuff like that. Because the money it’s to theboss and the boss would give it to the pimp. Because the pimp would tell him if thecustomer pays, you get the money and you give it to me. You know, they have a dealfirst. And the girl says, this is my boyfriend, so they have to listen. You know what Imean, aye?- female migrant off-street in-call sex workerBecause some migrant sex workers have limited information about their legal rights, they can be morevulnerable to intense levels of exploitation and abuse. As a result, many migrant sex workers prefer towork at street level even though they will continue to be vulnerable to violence and other abuses:A. I mean like you the owners it’s terrible. They got a lot of rules. You have to follow therules. Like you know, at least I am more happy on the street. I mean like it’s totallythey give you a lot of stress. Because the girls there are alone and stuff like that. Onthe streets, when something bad happens, the girls. If the girls know you, they standby. They help you . . . And I got a lot of help like those services. I go to doctor; I havea counsellor. And that’s I turn my life back around.Q. So, you get more service when you are working in the streets than when you areworking in a massage?A. Oh, yes. Yes, because like in the massage you feel totally got cut off from everything.It’s like they are trying to cut you off from outside . . . Like that’s totally like feels likeisolated, feels like you got cut from connection to the world. I mean like the feeling isso terrible. Like when you got raped in the massager parlour and the owner won’t doanything. And he trying to tell you, it’s your own fault . . . You know on the streetswhen I am in a bad day, I go ask for help. I report it you know. People help me tocalm down. I got people take care of me. They report it, they write down for othergirls. And this is what I found, you know. This is why I like to be. I am clean; I donot do drugs anymore. I want to helping other girls because . . . I found that a lot ofgirls, they do not even know that. They do not even know a lot of rights; they do notknow they have rights. Just say something.- female migrant street-level sex worker196
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformHealth concernsThe criminalization of prostitution and the risk of deportation make the working conditions ofmigrant sex workers much worse, increasing their risk of being subject to violence and making themless able to insist that clients use condoms. These conditions place them at greater risk of contractingHIV and other STDs.Some migrant sex workers may have a limited understanding about the health risks inherent intheir work. Further, they may live in poverty or with an addiction which can reduce their control overthe way they do their work:Q. Do you think that some of the customers offer [non-Canadian sex workers] moremoney not to use a condom?A. Yes, I believe that.Q. And the girls that do not have papers. You said last time that maybe they do notuse condoms. Is that because they do not know or because they need to make moremoney?A. I think it’s because they need to make more money because they do not get paid perhour.Q. Right. So, tell me a little about . . . Do you know, does the massage ownerask you about diseases, STDs, HIV?A. No, they do not . . . [W]e know we are supposed to [use condoms]. But some girls doesnot. Like those Thai girls. They do not usually use condoms.Q. And did you know that Thai girls did not use condoms?A. Because they do not know freedom. They just listen to whatever . . . You know,peoples want. They just worry they could not get the money.Q. Oh, okay so they are scared about not getting the money.A. Because they are drug users. Because the owner is really terrible like you know theyhave the way to control them.- female off-street in-call sex workerThe Immigration and Refugee Protection ActThe Immigration and Refugee Protection Act (the “IRPA”) is federal legislation relating to immigrationand refugee protection in Canada. Foreign nationals can apply to immigrate to Canada under aspecific “class” of immigrant, such as through the “skilled worker class,” “business class,” or “familyclass.” Also, foreign nationals can apply as refugee claimants or as persons in need of protection if theyfear persecution or may face torture or cruel and unusual treatment or punishment in their country oforigin.IRPA sets out the conditions for inadmissibility to Canada. It states that a foreign national is inadmissibleon grounds of “criminality” and a permanent resident is inadmissible on grounds of “seriouscriminality.” These provisions are highly relevant to migrant sex workers because they may breakthe law in the course of their work and may be vulnerable to removal from Canada if convicted of acriminal offence. The method by which a migrant sex worker applies to enter or remain in Canada IRPA at s. 36. 36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment ofat least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has beenimposed; 36 (2) A foreign national is inadmissible on grounds of criminality for(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offencesunder any Act of Parliament not arising out of a single occurrence.197
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Beyond Decriminalization: Sex-work, Human Rights and a New ...

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