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

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