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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformor pimps. In one case, a pimp gained control of a participant because of her addiction to drugs; inanother case, the control was achieved by violence and intimidation.Some sex workers are trafficked into Canada, often through coercion and manipulation, and facearrest and deportation if they come forward. Also, if they talk to police, they may suffer reprisals fromthe traffickers who brought them into the country. The needs of these workers extend far beyondimproved working conditions. Their desire to exit the sex industry and gain protection from thoseexploiting them can be facilitated by increasing their ability to seek police assistance and by morehumanitarian treatment under Canada’s immigration and refugee laws.Immigrant sex workers, many of whom work in massage parlours, face several legal challenges.Women and girls trafficked into Canada illegally must endure profound isolation and restrictionson their freedoms. They cannot disclose their true identities to other workers, and their employerssometimes prevent them from even leaving the massage parlour. Because of their status as illegalimmigrants, they are unable to access police when they face violence and exploitation for fear of beingarrested and deported. The problems faced by immigrant sex workers are discussed in more detail inPart 8 on Immigration Law.Financial arrangements and wage structureMany sex workers felt they do not have adequate power when negotiating their wages. Ourparticipants identified four types of pay structure in escort agencies and massage parlours: financialexploitation/sexual slavery; fee splitting; hourly wages; and tips only.1. Financial exploitation and sexual slaveryCurrently, some sex workers face extreme financial exploitation by people who seek to controlthem and exploit their labour. This type of exploitation was reported by street-level sex workers,escorts, and massage parlour workers, including those legally residing in Canada and those illegally inthe country. Sometimes the reported exploitation stemmed from physical or emotional dominationand control. Sometimes the exploitation stemmed from a person’s addiction to drugs.Some sex workers pay all of their earnings to another person who does not pay them a liveablewage or, in some cases, any wage at all. This person is commonly referred to as a “pimp.” The pimpmay provide the worker with room and board and pay for other living expenses, but does not paythem a consistent wage. One massage parlour worker described being completely under the control ofher employer who supplied room, board, clothing and drugs.Such a situation would, depending on the circumstances, be found to contravene the criminal lawsprohibiting procuring and extortion. Further, if prostitution were to be decriminalized, this financialarrangement would be found to contravene various sections of the Employment Standards Act (the “ESA”),including the guaranteed minimum wage. Serious forms of exploitation can be dealt with using severalkinds of law.2. Fee splittingThere are several structures whereby fees paid by clients are split between the worker and employer.The two most common described by participants in this project were: i) a base fee for a massage withthe worker keeping all “tips” for sexual services; ii) or a percentage breakdown of fees between workerand owner.i. Worker receives a base amount per client and all tipsIn some businesses, the client pays a basic fee to have an appointment with an escort or a massageparlour worker. Part of that fee goes to the business and part goes to the worker. In addition to29