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

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PIVOT LEGAL SOCIETYHealth enhancement centresThe Vancouver By-law defines a Health Enhancement Centre as a building or premises used forthe enhancement of health and well-being through one or more therapeutic touch techniques. 50 Theby-law also states that every person carrying on the business of a health enhancement centre shallensure that all persons hired to administer a therapeutic touch technique are qualified and, unlike theBody Rub by-law, requires that they have not been convicted under s. 212 of the Criminal Code, theprovision prohibiting procuring, or s. 213, the section prohibiting communicating for the purposes ofprostitution. 51 The by-law requires that a health enhancement centre shall not remain open betweenthe hours of midnight and 8 a.m., and that no person carrying on the business of a health enhancementcentre shall allow a person on the premises to engage in an act of prostitution.This provision is an example of a by-law that prohibits prostitution in one kind of licensedestablishment, but facilitates it in another, because no similar provision is included in the Body Rubby-law. This implies that body rub parlours are designed to be prostitution establishments. Indeed, thevastly different fees for the various types of establishments – $193 for a Health Enhancement Centerand $208 for a Massage Parlour, as compared to $7,891 for a Body Rub Parlour – reinforce thisimpression. In fact, a Body Rub license is the third most expensive in Vancouver, exceeded by only thePacific National Exhibition and the Race Track.Sex workers pointed out the Health Enhancement Centre provision prohibiting persons withconvictions under s.s 212 and 213 of the Criminal Code from working in Health EnhancementCentres has the effect of preventing persons wishing to exit prostitution for employment in a range oftherapies.One sex worker and owner stated that she felt it was nonsensical having to ensure that staff arecertified to practice therapies they do not offer:Social escort serviceA. Because I don’t live up to a lot of what I need to live up to. But I am not offeringfucking Reiki. Okay? It’s not what I am offering. But it’s what have – I have to pretendto be offering to get my business license. So, y’know, to – to have to meet the licensingrequirements of a business I don’t offer, is certainly odd. I can’t think of another businessthat has to have their staff certified in something they’re not offering . . . . But beingcertified in some sort of knowledge, of what you are offering, would sure make a lotmore fucking sense than being certified in reflexology to give a blowjob.- female off-street in-call sex workerThe Vancouver By-law states that a “Social Escort Service” means any person who carries on thebusiness of providing, or offering to provide, the services or the names of persons to act as escorts forother persons. 52 The Vancouver By-law also states that any person carrying on the business of a socialescort shall maintain on the premises a list of all current employees and all customers; and uponrequest make such list available for inspection by the City Inspector or the Chief Constable. 53 Thisrequirement does not protect the privacy of who is working at and who is frequenting social escortservices.50 Supra note 32 at s. 2.51 Supra note 32 at s. 17.1.52 Supra note 32 at s. 2.53 Supra note 32 at s. 25.3.40
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformMassage parlours and steam bathsThe Vancouver By-law addresses Massage Parlours and Steam Baths within the same licensingprovision. 54 The Vancouver By-law does not define a ‘Massage Parlour.’ It defines a Steam Bath as anypremises wherein a fee is paid for a sauna or steam-bath. 55 The by-law states attendants in steam bathsand massage parlours must not treat or attend members of the opposite sex. 56 The operator must keepa written record of all persons using the premises, including their name, address and time and dateof use. No person shall operate a premise in which members of the opposite sex use the same steambath,and that the interior of the premises must be illuminated to a minimum of ten candles in everypart of the premises. 57Sex workers felt the licensing provisions related to Steam Baths and Massage Parlours were unfair,discriminatory, and based on outdated moral beliefs. Sex workers noted that no similar requirementregarding members of the opposite sex exists for other professions that involve bodily contact betweenservice provider and client. 58 Sex workers indicated that they feel this restriction rests on a stereotypethat persons working in and frequenting steam baths and massage parlours are all heterosexual. Onesex worker said:A. It’s natural to go into a steam bath with the opposite sex . . . . What I was just sayingis I think a lot of this illuminated that. I think a lot of these rules were written aloooong time ago.- female street-level sex workerOne escort summarized her criticism of these provisions in the following manner:Licensing feesA. That’s ridiculous . . . . I imagine that this law dates back to a time before . . . peopleeven thought about gay sex . . . . But I think that if you – if you want to be in adesignated room, that should be – for both sexes, then that’s fine. But I think thatalso a same-sex only room should be available.- female off-street out-call sex workerSchedule “A” of the Vancouver By-law sets out the fees that a license holder must pay on an annualbasis to the City: 59• Dating services• Health enhancement centres• Body rub parlours• Steam baths and massage parlours• Social escort services$128 per year$198 per year$8,108 per year$214 per year$958 per year.These licensing fees can be compared to fees for the following non-sex industry business licensingfees under the Vancouver By-law:54 Supra note 32 at s. 25.6.55 Supra note 32 at s. 2.56 Supra note 32 at s. 25.6.57 Supra note 32 at s. 25.6.58 For example, massage therapists, escorts, and gynaecologists59 Supra note 32 at Schedule A.41
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