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

PIVOT LEGAL SOCIETYbusinesses should be licensed felt that licensing provisions should match those of non-sex industrybusinesses in terms of the types of requirements and level of restrictiveness; sex industry businessesshould not be subject to more restrictive licensing requirements or levels of enforcement than otherbusinesses. Sex workers agreed that by-laws imposing harsher restrictions on sex industry businessesshould be repealed.With the exception of two participants, sex workers were opposed to licensing individual street sexworkers and independent escorts. The vast majority of our participants felt that individual licensingwas impractical, and would reduce the autonomy of independent sex workers.Sex workers argued that municipal by-laws should promote the autonomy of individual sexworkers, and enable them to control their own working conditions. They felt that consultation withsex workers was the crucial first step to any reform of municipal by-laws affecting their work. Theywant to be able to work out of their homes on an independent basis without having to be licensed. Ashome-based work in Vancouver is regulated by zoning by-laws, this issue is discussed in more detail inthe section on Zoning on page 65.Individual licensing – street workersMost Canadian cities regulate street commerce by requiring that street vendors obtain licenses.Because s. 213 of the Criminal Code prohibits street-level prostitution, 74 it cannot be licensed. In theevent of the repeal of criminal laws related to prostitution, street-level sex workers would require alicense, because the Vancouver Charter requires that all businesses be licensed. 75Sex workers were unanimous in their opposition to licenses for street-level workers. Street-level sexworkers are diverse. An unknown proportion of the population are sex workers who engage in prostitutionin order to meet their most basic subsistence needs, and do not necessarily engage in prostitutionon an ongoing basis but do so only when they are in a state of financial need. The impracticalityof licensing street-level sex workers and the imposition of by-laws, the breach of which would requirepayment of fines, were reasons cited for rejecting individual licensing. As one sex worker said:Q. Do you think it’s the individual sex workers that should have to have a license?A. No.Q. And why or why not?A. . . . they’re working in different . . . they haven’t got a set establishment, they haven’tall the stuff to secure, they haven’t got all the benefits . . . they’re [non-sex workers]not having to worry about getting shot or raped or you know. No licensing for streetworkers. Not now. Not ever.- female street-level sex workerA group of sex workers pointed out that individual licensing was not practical for street-levelprostitution:Q. If there were licenses do you think most people would get them? Most people thatwork in the trade do you think they’d get them?A. It depends how hard it is.A. I wouldn’t want one.A. I don’t know.A. I wouldn’t want one either.A. Nope.A. [sarcastic why is this here?] I’m a hooker.A. I got my certificate saying I’m a hooker, as if.- male street-level sex workers74 Supra note 1 at s. 213.75 Supra note 5 at s. 276.50