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

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PIVOT LEGAL SOCIETYA. As a marketable business, you could say that you are a licensed business.A. Yes.Q. Right.A. But not a regulation.A. Right.A. You can’t nail down human sexuality. You can’t nail it down you know.A. you can’t put it in a box.A. Yeah.A. Y’know, I mean, the girls that do it, aren’t; Oh I pay my rent. Oh, you did [namedeleted] or whatever. Okay sure! Or take me for dinner, or buy me some clothes. Orwhatever, I mean, what are they going to have to become licensed as well? Thesethings are the same as sex work. I mean, you know.A. It is the same thing as giving sex for these things. The women are just not as up frontabout it. They’re just a bit sneakier. If you don’t need a license to do that why wouldyou need a license for sex work? They should not require licenses. Yeah.- female off-street out-call sex workersOne worker explained how the casual nature of some independent escort work makes it unsuitable forlicensing, and again suggested that licensing limits the freedom of sex workers:A. I just think this – It’s really – Earlier when you guys were talking about independentcontract regulations because You were saying there’s no limit on sex right I meanthere is no time limit and there is just no boundary on it . . . . I mean I could be asex worker, and not have an ad, and I could just occasionally see somebody. Y’knowwhat I mean? So it doesn’t really fall into that kind of category that can be forced tocomply with by-laws. It is very difficult to control or enforce.- female off-street out-call sex workerAs one sex industry business owner and former worker noted, licensing of independents is impracticalbecause of the ephemeral nature of much sex work:A. So that’s the same way I deal with my ladies, as if they are, just on a contract basis,you know each date is a separate transaction kind of thing because I may have onegirl who’s doing six dates in a week and another one who’s only doing one every twoweeks or something like that, so yeah, the frequency of employment can really varyimmensely. And I also look at it and this speaks to why I don’t get them to have alicense either – they may come to work for me one time and then I never hear fromthem again, or I decide it’s not really working, or they don’t suit my circumstancesvery well.- female escort agency owner, former sex workerAgainst the general consensus, two sex workers supported individual licensing because it would createa vehicle for health initiatives, such as disease testing and improved sexual-health education. Oneformer sex worker/owner described her idea for mandatory sex worker certification as follows:A. Maybe it’s not a licensing system, where you are actually recorded and monitored,and what we think of when we hear licensing system, you think of this very repressiveregime. Maybe you have to attend some type of a seminar – certificate. Ah, yeah. Youhave to be certified in Sex Worker Health and Safety. And perhaps you don’t evenhave to give your name to do that. But you have a certificate that has your photo orsomething on it that identifies you as the person that took that course and passed.52
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformMaybe something like that is what’s needed.- female massage parlour owner, former sex workerIn Vancouver, the social escort by-law apparently applies to both independent escorts and thoseworking in a larger business. 77 A business license is required for any person carrying on a business,trade, or profession in the City. 78 In the event that the criminal laws related to adult prostitution arerepealed, under the existing licensing scheme in Vancouver, business licenses would be required for allsex workers operating independently on the street or indoors, and for those working independentlyindoors via advertisements. Thus, on the basis of the expert opinions of sex workers, we recommendthat the current licensing scheme be reformed to exempt independent indoor sex workers and individualstreet-level sex workers in the event that prostitution is decriminalized.Individual escort licensing in EdmontonThe escort licensing by-law in Edmonton offers an example of how a highly restrictive and strictlyenforced by-law for “independent escorts” can leave sex workers with few options, and force them towork in dangerous environments. 79Many of the sex workers stated that they prefer to work independently rather than for anemployer. Working for an employer means that they lose control over their work. Sex workers repeatedlystated that autonomy and control are two of the most important factors affecting workplacesafety and job satisfaction.Because of some of the exploitative and unfair practises in many sex industry businesses, manysex workers want to work independently. Sex workers also mentioned frustration with the barriers toemployment in many off-street sex industry businesses, such as the need to conform to certain ageand beauty criteria to be eligible for employment. Several sex workers commented that they wereable to work successfully as independent escorts even though they could not obtain jobs working inoff-street establishments. Working as an independent is one of the most attainable options for personslooking to move out of street prostitution.Edmonton’s independent escort license requires every sex worker operating on his or her own toapply to the City for a license. 80 Sex workers explained how, prior to enacting the by-law, Edmontonhad completely outlawed what it subsequently came to define as “independent escort work.” Initially,for this reason, sex workers celebrated the new independent escort by-law. However, Edmonton’scurrent escort by-law contains a narrow and stringently enforced prohibition on persons with acriminal record from obtaining a license, a disproportionately high licensing fee, and advertisingrestrictions that require each worker to show their escort license at local newspapers prior to placingan advertisement. 81Sex workers in Edmonton reported being prevented from obtaining a license on the basis of evenminor and very old criminal convictions. Also, they reported stringent enforcement of the licensingby-law, including stings, to ensure that independent escorts comply with the licensing provision. Onesex worker recounted her experiences under the by-law this way:A. Anybody who has any kind of criminal record, whether it’s prostitution related oranything else, it may be an ancient drug charge, or even a drunk driving charge, uh,will automatically get a rejection, you won’t pass the clearance. And that usually isenough to scare most people, that they don’t realize, and certainly nobody goes out oftheir way to tell them, is that, if they basically beg or if they, they you know, push the77 Supra note 32 at s. 25.3.78 Supra note 32 at s. 3(1).79 Supra note 68.80 Supra note 68 at s. 4.81 Supra note 68 at ss. 22, 36, 37, Schedule A.53
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