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Lyra McKee – The Justice Hack – Voices of Justice Magazine 2021

A conversation with Lyra McKee, Co-Executive Director of PACE Society, for Voices of Justice, a project that discusses access to justice in British Columbia.

A conversation with Lyra McKee, Co-Executive Director of PACE Society, for Voices of Justice, a project that discusses access to justice in British Columbia.

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#VOICESOFJUSTICE<br />

LYRA MCKEE<br />

#VOICESOFJUSTICE


PACE SOCIETY’S LYRA MCKEE<br />

PAGE 22


WE BELIEVE<br />

THAT LIVED<br />

EXPERIENCE IN<br />

THE COMMUNITIES<br />

THAT WE’RE<br />

SERVING IS<br />

INVALUABLE TO<br />

PROVIDING THE<br />

BEST SERVICES<br />

POSSIBLE FOR<br />

OUR MEMBERS<br />

<strong>Lyra</strong> <strong>McKee</strong> is Co-Executive<br />

Director <strong>of</strong> PACE Society.<br />

Can you tell us about PACE<br />

Society?<br />

PACE stands for Providing<br />

Advocacy, Counselling and<br />

Education. We are a for, by and<br />

with sex workers organization<br />

that was founded in 1994. We’ve<br />

always been open to sex workers<br />

<strong>of</strong> all genders, and we take a<br />

very broad definition <strong>of</strong> what sex<br />

work is. That includes escorting,<br />

camwork, stripping, sensual<br />

services, pretty much anything<br />

the term can commonly be used<br />

to define. We provide support<br />

services to sex workers primarily<br />

in the Downtown Eastside, but<br />

also Greater Vancouver.<br />

#VOICESOFJUSTICE


Why do you believe the by and for sex<br />

workers model is advantageous?<br />

We prioritize hiring sex workers and<br />

community members with lived experience<br />

in a variety <strong>of</strong> categories such as BIPOC<br />

sex workers or community members, and<br />

trans, non-binary and two-spirit community<br />

members, because we believe that lived<br />

experience in the communities that we’re<br />

serving is invaluable to providing the best<br />

services possible for our members. We use<br />

the word members to be more inclusive than<br />

clients. All <strong>of</strong> our services are delivered better<br />

when peers are involved in the creation and<br />

delivery <strong>of</strong> those services.<br />

How might the individuals you serve face<br />

barriers to access to justice?<br />

Up until 2013, sex work was criminalized<br />

more directly, and then once Bedford<br />

happened, the Supreme Court case turned<br />

over those sex work laws and the Harper<br />

government instituted the Protection <strong>of</strong><br />

Communities and Exploited Persons Act. Sex<br />

work is now asymmetrically criminalized,<br />

meaning sex work itself is not criminalized,<br />

but many aspects <strong>of</strong> the work are, such as<br />

purchasing sex. Clients, advertising and<br />

third parties procuring are all criminalized.<br />

<strong>The</strong>re’s a criminalization aspect that prevents<br />

sex workers from organizing together, from<br />

protecting each other, from accessing full<br />

labour rights and unionizing. And then<br />

there’s also stigma in society on sex work and<br />

sex workers that impacts access to justice<br />

and compounds with other types <strong>of</strong> stigma<br />

and marginalization, such as racism and<br />

transphobia and entrenched poverty.<br />

A variety <strong>of</strong> compounding barriers <strong>–</strong> including<br />

criminalization, stigma, lack <strong>of</strong> access to the<br />

financial means to get legal representation,<br />

and lack <strong>of</strong> access to information or resources<br />

<strong>–</strong> prevent access to full labour and human<br />

rights for many sex workers.<br />

Can you elaborate on some <strong>of</strong> the specific<br />

challenges involved in accessing legal<br />

representation?<br />

I think it really depends on who you’re talking<br />

about. Not all sex workers face economic<br />

marginalization. Some sex workers have<br />

other jobs, or some sex workers earn quite a<br />

bit <strong>of</strong> income from sex work, but a lot <strong>of</strong> sex<br />

workers, especially street-based sex workers,<br />

<strong>of</strong>ten face a high level <strong>of</strong> isolation and<br />

marginalization, as well as a lack <strong>of</strong> steady or<br />

sufficient income to access legal services.<br />

Because <strong>of</strong> criminalization and stigma, sex<br />

workers may have a lack <strong>of</strong> information about<br />

their legal situation and the details <strong>of</strong> the<br />

sex work laws that are used against them.<br />

<strong>The</strong>re’s an element <strong>of</strong> secrecy or isolation<br />

that’s involved with the work. I would say<br />

that it’s also a barrier that resources just<br />

aren’t always readily available. Some streetbased<br />

sex workers don’t even have access to<br />

the internet, or the space and time to do the<br />

research to find the right lawyer or find the<br />

services they need.<br />

What is PACE’s Gender Self-Determination<br />

Project?<br />

<strong>The</strong> Gender Self-Determination Project is<br />

open to anyone who approaches us and wants<br />

to get their name, legal name, or legal gender<br />

A VARIETY OF COMPOUNDING BARRIERS <strong>–</strong> INCLUDING CRIM<br />

MEANS TO GET LEGAL REPRESENTATION, AND LACK OF ACCE<br />

FULL LABOUR AND HUMAN RIG<br />

PAGE 24


markers changed in British Columbia. We<br />

provide the fees associated with name<br />

changes, and support on filling out all the<br />

different forms and letting people know<br />

where to send them. It’s a really exciting<br />

project, and it definitely works to mitigate<br />

some <strong>of</strong> those barriers that some sex workers<br />

face, or community and trans community<br />

members face, to getting name changes, and<br />

gender marker changes.<br />

It may seem small, but if you’re getting a job<br />

somewhere, all <strong>of</strong> the documents that your<br />

employer sees have your legal name and<br />

gender marker on them. It’s a matter <strong>of</strong> not<br />

just safety, but also comfort for people in<br />

terms <strong>of</strong> employment, in terms <strong>of</strong> accessing<br />

social services. <strong>The</strong>se days, these little<br />

things that most people take for granted are<br />

really, really vital and inform every aspect <strong>of</strong><br />

people’s lives.<br />

Could you address what Canada v.<br />

Downtown Eastside Sex Workers United<br />

Against Violence and Bedford v. Canada<br />

were about and any ongoing advocacy or<br />

research related to them?<br />

PACE was able to intervene with a number<br />

<strong>of</strong> other organizations, along with Sheri<br />

Kiselbach <strong>–</strong> who used to work at PACE <strong>–</strong> in<br />

Bedford V. Canada, which was challenging<br />

the previous sex work laws that prohibited<br />

solicitation and bawdy-houses and all these<br />

different prescriptions against sex work.<br />

Sheri was able to get standing to file<br />

a challenge to the sex work laws as a<br />

former sex worker, and then she joined<br />

the Bedford case because it was already<br />

going on in the Supreme Court. Those laws<br />

were struck down, which was definitely a<br />

victory. Unfortunately, it was a conservative<br />

government that then instituted some new<br />

laws that, it could be argued, were just as<br />

harmful as the previous ones.<br />

We continually look for advocacy possibilities<br />

at the municipal, provincial and federal<br />

levels, both toward the government and<br />

to health authorities and various different<br />

organizations and entities. We’re part <strong>of</strong><br />

several research projects ongoing and<br />

looking at new ones as well, and continually<br />

look for different ways to advocate for<br />

decriminalization <strong>of</strong> sex work. <strong>The</strong>re are<br />

some new developments coming up that I<br />

can’t really talk about yet, but exciting things<br />

are happening in the law reform advocacy<br />

area. It just kind <strong>of</strong> never ends for us.<br />

Can you elaborate on how those new laws<br />

could arguably be just as harmful?<br />

Even though, technically, sex work is not<br />

criminalized, pretty much every aspect <strong>of</strong><br />

work is criminalized. So it prevents sex<br />

workers from ensuring each other’s safety, it<br />

prevents sex workers from screening clients<br />

appropriately before taking dates, it prevents<br />

sex workers from having rights for the refusal<br />

<strong>of</strong> dates that seem risky. <strong>The</strong>y can’t file taxes<br />

for fear <strong>of</strong> the government wanting to know<br />

who their clients are or where their money<br />

comes from. It’s very complicated, but I<br />

would say that, because so many different<br />

aspects integral to how the work progresses<br />

are criminalized, usually, it’s really just as<br />

bad as it was when prostitution itself was<br />

criminalized.<br />

INALIZATION, STIGMA, LACK OF ACCESS TO THE FINANCIAL<br />

SS TO INFORMATION OR RESOURCES <strong>–</strong> PREVENT ACCESS TO<br />

HTS FOR MANY SEX WORKERS<br />

#VOICESOFJUSTICE

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