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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformLicensing restrictions – criminal recordSex workers stated that licensing by-laws that prohibit persons with criminal records from workingin off-street sex work venues may prevent many workers from leaving the street. 70 All applicantsfor business licenses in Vancouver can be subject to criminal record screening under the VancouverCharter, 71 and no person may be employed in a Health Enhancement Centre who has a convictionunder s.s 213 or 212 of the Criminal Code. 72 In Edmonton, applicants seeking escort licenses arecarefully screened, with sometimes even minor offences barring them from obtaining a license. 73 Oneescort describes her tenuous position when renewing her escort license:Q. So what other things are you involved with passing the clearance?A. Basically the clearance is done by the Edmonton City Police, they say that it’s tokeep the criminal element out of the sex trade. Ah, basically say that you have beencharged with prostitution related charges, drug offences or something like that, theywon’t allow you to be cleared . . . . Well, I mean I don’t know too many prostitutesthat have totally clear records. Well, I mean, myself I have an offence that dates back13 years. Every year I have to go in there to beg to get a clearance so I can get mylicense or I am back out on the street.- female off-street out-call sex workerSex workers stated that a person should be prohibited from working indoors only as a way to enhanceworkplace safety, in which case only those persons convicted of crimes of violence should be barred.Further, they felt that if such requirements are to be put in place, they should apply equally to allwork places, not just sex industry businesses. A former worker/owner stated the case this way:Q. What do you think about this . . . [by-law] about the convictions for procuring orcommunicating for the purpose of prostitution?A. Well I guess, on the face of it, I would have to say that I disagree with it. I mean Ican see why you would need to not have a criminal record maybe, to work in a bank.But for what we are offering, if someone has some type of prostitution related criminalrecord – I don’t think it should be illegal in the first place – so how could I objectto someone having a criminal record for it? I mean, if someone had a criminal recordwith armed robbery, maybe I would want to know. But wouldn’t every employer?- female massage parlour owner, former sex workerIn sum, sex workers felt that criminal record prohibitions prevent workers from moving off the streetto indoor venues. They suggested that if there are to be criminal record prohibitions, they should bedesigned to facilitate workplace safety, and should apply equally to all businesses.Do sex workers want to participate in a licensing system?Sex workers were asked whether or not they wanted to participate in a licensing scheme at all.Those workers who did were asked whether or not they felt sex workers should be licensed individually,or whether licensing should be restricted to businesses employing more than one sex worker.The sex workers who participated in the project were divided as to whether businesses thatemployed more than one person should be licensed. In general, those sex workers who felt that such70 Many sex workers reported that they felt working indoors would provide a safer work environment than the streets. See also Voicesfor Dignity: A Call to End the Harms Caused by Canada’s Sex Trade Laws in which street sex workers voiced the opinion that they feltworking indoors would allow them increased security and safety from violent clients.71 Supra note 5 at s. 277.72 Supra note 32 at s. 17.1(2).73 Supra note 68 at s. 22.49