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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformThe court held that the by-law was not prohibitory, but merely regulated the manner in which body-rubparlour business could be conducted. Turning to the other grounds of appeal, Taggart J.A. reasoned:Grounds 2 and 3 may conveniently be considered together for the appellant’s submission onGround 2 as to bad faith is bound up with the contention that council purported to regulatepublic and private morality. In relation to Grounds 2 and 3 counsel for the appellant againencountered difficulties because there was no evidence to indicate what considerations motivatedcouncil in enacting the impugned by-law.Here, in the absence of evidence it seems to me impossible to say that council acted to regulatepublic and private morality. In saying that I do not wish to be taken as saying that councilmay not in appropriate circumstances consider moral issues when acting under the powersconferred on the council by the City Charter to regulate how businesses may be conducted. Imerely say that here there is no evidence of any consideration of moral issues by council. 64This decision suggests that a challenge to discriminatorily high licensing fees for sex industry businessesmay be successful with the appropriate evidence. There is no question that licensing fees forbusinesses offering sexual services are higher than those for non-sex industry businesses. We willreturn to the subject of licensing fees in more detail later in this report.Body rub parlour licenses in VancouverSex workers indicated that there is currently only one Body Rub Parlour license held in Vancouver,and that the City is not issuing any more licenses beyond this one. The City confirmed that thereis, indeed, only one Body Rub Parlour license at present. There was no confirmation that otherpersons have applied for and been denied Body Rub Parlour licenses. The exercise of discretion by thelicensing authority to deny licenses in this fashion will be discussed below under the heading“Discretion of Licensing Body” on page 62.Vancouver area sex workers suggested that as a result of higher licensing fees for Body RubParlours and the apparent lack of new licenses, many establishments providing sexual services areoperating under Health Enhancement Centre and Massage Parlour licenses.One sex worker and owner/operator commented on the difference in licensing fees and requirementsin body rub parlour and health enhancement centres:A. And if you decide – and two of them switched over to a Health Enhancement Centrebecause it’s so much cheaper. It’s a regular business license fee, whereas the body rublicense was nearly seven grand. Seven grand, okay? So yeah, when you could payfive hundred dollars versus seven grand – then you have to go, Okay well there is 40health enhancement centres in Vancouver, that are all doing the same thing that Iam. Why should I be paying this fee? They switched over.Q. So why do people [apply for Body Rub Parlour licenses], I guess so they don’t haveto maintain so much y’know, secrecy with what they are doing, they have a little bitmore leeway with what they do, or?A. Well it – y’know, you still end up paying for it, because you are allowed things withthe body rub license that you are not allowed with the health enhancement centrelicense. With the body rub license, none of the staff have to be certified in anything.So that’s a huge bonus. [An] establishment with [a] body rub license doesn’t everhave to worry about city hall coming in and saying, “Can I see your staff certification?”I do. So it is a means by which the city can effectively close down every place inVancouver, except one, overnight – if they wanted to. It’s a very simple way. Eventu-64 Ibid.43