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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformWhile the precedent set in Westendorp protects sex workers from municipal attempts to ban streetlevelsex work, municipalities have still been allowed a significant degree of control over street-levelprostitution.The by-laws in Vancouver, Calgary and Edmonton are enforced differently and place differenttypes of restrictions on sex workers, some more onerous than others. This raises different issues for thesex workers operating within such licensing schemes. These by-laws and their impact on sex workersare examined in more detail below.Vancouver’s licensing by-lawsAny person carrying on a business, trade, profession or other occupation must have a valid businesslicense under the Vancouver Charter. 31 The terms “business,” “trade,” “profession,” and “occupation”are not defined in the Vancouver Charter but, in practice, they are applied very broadly toencompass everything from sole proprietorships operated out of the home, to street vendors, topersons operating web businesses, to persons operating large-scale enterprises. Clearly, this provisionwould encompass all forms of prostitution if it were to be fully decriminalized.In Vancouver, a by-law breach normally results in a fine as punishment. Fines can range between$100 and $2,000.The licensing of businesses in Vancouver is governed by one central by-law called the VancouverLicense By-law, No. 4450 (the “Vancouver By-law”). 32 The Vancouver By-law sets out the requirementsand fees to obtain a license for various types of businesses, including those commonly held by sexindustry employers, and sets out restrictions on various types of business.To obtain a business license, business owners and operators must fill out an application for a license,submit it in person at City Hall, and pay an annual licensing fee. 33 All Vancouver business licensesexpire on December 31 of each year and, therefore, must be renewed annually. 34 Employees do nothave to obtain a business license; rather, only the owner or operator of the business must obtain thelicense. The license application requires the applicant to provide their name, address, a descriptionof the business, and property address of the proposed business as set out in the Vancouver By-law. 35All persons applying for licenses are automatically subject to a criminal record check by the CityInspector. 36 The Inspector can refuse to grant a license to a person because of their criminal record. Aperson applying for a business license must present at City Hall a valid B.C. identification or Canadianpassport in order to obtain a license.Businesses that provide sexual services commonly hold Body Rub Parlour, Dating Service,Health Enhancement Centre, Social Escort Service, Steam Bath, and Massage Parlour businesslicenses; however, not all massage parlours, health enhancement centres and steam baths are frontsfor prostitution. During the course of the project we interviewed sex workers operating in businessesholding Health Enhancement Centre, Social Escort Service and Dating Service licenses under theVancouver By-law. Given that each of these categories may provide fronts for prostitution, sex workerscommented on all five types of licenses. Many of these licensing provisions contain a wide range ofrestrictions. In the event that the criminal laws related to prostitution are repealed, it is likely thatmunicipalities would revise or even eliminate such restrictions.31 Supra note 5 at s. 272(1)(a).32 City of Vancouver, By-law No. 4450, License By-Law (23 September 1969) [Vancouver By-Law)33 Supra note 32 at s. 3(2).34 Supra note 32 at s. 3(2).35 Supra note 32 at s. 4(3).36 Supra note 32 at s. 4(2).37