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

PIVOT LEGAL SOCIETYboth legal and illegal services as one of constant fear of reprisal by City Officials who can penalizethem at any time for engaging in prostitution. Also they stated that they are unable to seek protectionof their legal rights. One sex worker stated:A. Yet y’know, we jump through the hoops that we have to jump through, to – to keep itall there. And it all could all be pulled out from underneath me.- female off-street in-call sex workerSome sex workers felt intimidated by the threat of officials enforcing municipal licensing schemes.When asked about how she felt about the by-laws, one sex worker said:A. Well mostly fear and intimidation, I mean you constantly feel like you’re beingwatched. And I don’t know, I’m not all that prone to paranoia, but there just seems tobe [sighs], oh dear. That, that’s the biggest thing, I think people are always worried,when are they going to be the next target, and it’s uncomfortable to say the veryleast. And it’s also, you know, there are some people that are you know, pretty, prettyupfront with their families about what they do, and they still wouldn’t want to goand stick their neck out and say anything to the media, lest they be the next target.And it’s kind of an ongoing thing . . . .- female off-street out-call sex workerAll sex workers operating in licensed businesses felt they had fewer rights than other workers, andwere less able than other workers to seek protection of their rights:A. But as we don’t still have the same civil rights that you do, as any other businessowner. Yes, it used to be very confrontational, and they would come do ID checks.A. Yeah, so I mean, it’s – it’s a house of cards, I am always, I realize the frailty of thelicensing system, from which I work. It can be revoked at any time. And I really – Ireally don’t have a lot of rights.- female off-street in-call sex workersOne owner/sex worker talked about how seldom people working in the sex industry will mobilize andspeak out against abuses:A. They’re not the type of stuff – the type of stuff that takes people over the edge – is thetype of the stuff that happened in [name omitted] where your – y’know, where youhave to let the owner go perform oral sex on you on a regular basis, to hold your job.And – and y’know, he’s just nasty, dirty, degrading, disgusting, piece of shit humanbeing that’s the type of thing to – to get people in this industry to mobilize.- female massage parlour owner, former sex workerSuch a system allows municipalities to control and profit from sex industry businesses while simultaneouslymaintaining the façade that they do not know what takes place inside them.All sex workers who work in licensed establishments described the way that they must pretendthey are not providing sexual services even though they are certain the municipality knows that theyare. Sex workers believed that municipal authorities are well aware that they license and profit fromprostitution. Indeed, some sex workers suggested that municipalities are living on the avails of prostitutioncontrary to s. 212 of the Criminal Code. 69 The opinions of sex workers clearly showed that theneed to conceal their real work creates barriers to their accessing health, safety, civil and human rightsprotections while they work. Several sex workers commented:69 Supra note 1.46