Sex work is widely considered to be both one of the oldest professions in human history, as well as one of the most stigmatized. Fundamentally, sex work can be defined as “the consensual exchange of sexual services between adults for money or goods” (CPHA, 2014). Though the sale of sex was decriminalized in Canada in 2014 through the introduction of the Protection of Communities and Exploited Persons Act (PCEPA), paying for these services remains a criminal offence. This act has been contentious, superficially addressing concerns about the criminalization of sex workers while failing to validate the sex trade as a legitimate labour market. As such, sex workers face severe challenges regarding their safety, working conditions, and health.
Why are the current PCEPA policies harmful to sex workers?
At first glance, the policies in the PCEPA are commendable because they seem to decriminalize sex workers–a population that often faces unfair targeting and prosecution. According to Statistics Canada, the proportion of women accused of police-related sex trade-related crimes dropped from 42% in 2010 to 22% in 2014 after the introduction of the PCEPA, ultimately reaching 5% in 2019. Yet, through its “end demand” or Nordic model of sex regulation, the PCEPA punishes clients and other third-party supporters of sexual services. As per the criminal code, “communicating in any place” to purchase sexual services, advertising services, and gain material benefits from sex work are illegal. Consequently, sex work is further concealed, creating an unsafe environment where communication between providers and clients is rushed, secretive, and isolated.
In a CBC article written by a Toronto sex worker under the pseudonym “Gabrielle Shirley,” she comments:
“We’re restricted in how we advertise our services and need to work indoors in small (but hidden) brothels, our own homes or travel out to a client. This puts us at risk because we need to be discreet. Although most of our clients are safe, the law makes it difficult to screen clients to protect ourselves against sexual predators. And if there is a problem, calling the police often isn’t an option.”
As prostitution and other forms of sex work are still holistically viewed as a crime, workers may feel unsafe seeking support from police in situations of violence, harassment, rape, assault, or other crimes in case they may be prosecuted (Human Rights Watch, 2022). This partial criminalization of subjects from marginalized and vulnerable communities, namely Indigenous, black, migrant, and trans women, is at a high risk of being further targeted by police (Wu, 2022).
In addition, sex worker Jessica Lee argues that the restrictions on advertising sexual services are detrimental to workers’ safety and may increase violence against women in this industry:
“Bill C-36 takes away my ability to clearly advertise my services. If someone doesn’t know what they’re getting or what someone is offering, it’s very hard to make an informed decision. For example, there’s some sex workers who don’t offer full service intercourse type sessions. If a gentleman doesn’t know that and that’s what he expects, there may be a miscommunication that could result in someone being upset, thinking they’re paying for a service they’re not going to get. A girl could be injured or just put in a precarious situation, and that needs to not happen.”
The criminalization of sex work also poses significant health risks for sex workers. For instance, sex workers were significantly less likely to report good or excellent general health (53.8% vs. 72%) and mental health (39.4 v.s. 77.0%), as well as significantly higher unmet health needs (40.4% v.s. 14.9%) in relation to other Canadians (Benoit, 2020).
Does sex work perpetuate the sexual exploitation of women and girls?
It may not be far-fetched to claim that a significant fraction of the population still views sex work as degrading, immoral, and antifeminist exploitation. In discussions of decriminalization, proponents of the abolitionist perspective on sex work often argue that prostitution in of itself is a form of gender-based violence, with the vast majority of sex workers being cis or transgender women servicing mostly male buyers (Demand Abolition, 2018). As such, they argue that prostitution and other sexual services objectify women in precarious situations.
While it is true that many people engage in “survival sex work”–that is, the exchange of sex for money, as well as food, clothing, shelter, or a place to stay (COH, n.d.)–these underlying issues need to be addressed through institutional reform that addresses poverty and poor living conditions rather than by criminalizing sex work and causing further endangerment to already marginalized individuals. Nevertheless, plenty of legal-age sex workers choose to sell their sexual services, often despite having other income opportunities. In this case, preventing women from selling their sexual services voluntarily is a flagrant imposition on their self-determination.
Moreover, according to a 2020 study by Dr. Cecilia Benoit, the majority of sex workers surveyed reported high job satisfaction, financial gain, and an appreciation for work control within their selected career. However, one of the most significant downsides was job status, with one-third reporting a heavy social and psychological burden from pursuing a job in the sex industry. This may suggest that rather than dissatisfaction with the job itself, the stigmatization of sex work is largely to blame for its degenerative effects.
Finally, in promoting the aims of Sustainable Development Goal (SDG) 16, Peace, Justice and Strong Institutions, it is essential to note that voluntary sex work is fundamentally different to sex trafficking. Sex trafficking is “a form of human trafficking that involves recruiting, moving, or holding victims for sexual exploitation purposes” (Canada P.S., 2023). In contrast, pursuing sex work is a choice by fully consenting adults. Outlined in both the PCEPA and promoted by decriminalization advocates is the strict enforcement of anti-trafficking laws, especially those that target underage girls. By decriminalizing sex work, funds and efforts priorly used to prosecute sex workers can instead be directed towards prosecuting traffickers, and women and girls being exploited can feel empowered to seek help from authorities.
Legalization vs. Decriminalization
So, we have established that sex work should not be criminalized. But why is full decriminalization a better approach than legalization, and what is the difference between these approaches?
Legalization involves “the creation of special laws that allow some legal ways of sex working” (Scarlet Alliance, 2022). While decriminalization would remove all criminal provisions against sex work, legalization instates special laws to dictate how, where, and in what conditions it can occur.
The issue with creating regulations around sex work is that while they often sound great on paper, they tend to be expensive, overly restrictive for workers, and create a two-tiered system of work split into illegal and legal categories. For one, marginalized populations face added barriers to undergoing regular STI screenings, registering with law enforcement, and obtaining a license and proper venue. As many workers are desperate to earn a living, they cannot spare the substantial time and money to obtain these arrangements and end up labelled criminals. While this model may benefit well-funded brothels, legalization policies do nothing to protect the most vulnerable populations or remove the stigma around sex work.
If we truly want to protect sex workers, granting them the autonomy to conduct their business freely, decide their wages, negotiate with clients, avoid exploitative practices, attend health services without discriminatory treatment, and report violence without fear of arrest, decriminalization is the best way forward.
What can you do to help?
1. Support local and national organizations fighting for sex worker rights!
On a national and provincial level, plenty of organizations are fighting for decriminalizing sex work. You can support these foundations by donating, spreading awareness, signing petitions, or joining nearby protests!
Some notable organizations include:
- Canadian Alliance for Sex Work Reform (National): An alliance of sex worker groups and initiatives from all across Canada fighting for decriminalization.
- Action Canada for Sexual Health and Rights (National): An organization that works with Canadian decision-makers and advocates for the rights of sex workers.
- Barbra Schlifer Commemorative Clinic (National): A legal clinic that has assisted more than 100,000 women, many from marginalized and racialized populations, who have survived violence. They advocate for the reform of Bill C-36 and offer free mental health and legal counselling to sex workers.
- SafeLink Alberta (Alberta): An NGO that works to reduce the risks associated with sexual activity and substance use through “education, HIV and hepatitis C testing, counselling, support groups, and referrals to other healthcare providers.” They also offer individualized support to sex workers.
A comprehensive list of organizations by province can be found here.
Helpful Hotlines:
- The Canadian Human Trafficking Hotline: 1-833-900-1010
- WAVAW 24-Hour Crisis and Information Line: (604) 255-6344
- First Nations and Inuit Hope for Wellness Helpline: (855) 242-3310
- Kids Help Phone: tel:1-800-668-6868, sms: 686868
2. Destigmatize the Conversation Around Sex Work
Sex is a taboo subject for many, and there’s no doubt sex work is too. Sex workers have often been portrayed negatively in the media; their work is conflated with “immoral values,” and workers are effectively labelled in derogatory ways. What we often tend to forget is that behind every “hooker,” there is a human being with rights that are being neglected.
Destigmatizing the conversation around sex work starts by challenging our own deeply rooted beliefs about sex work and encouraging others around us to do the same. We must also listen to sex workers in a non-judgemental way, trying to understand their experiences and perspectives. Ultimately, sex workers will be able to carry out their work securely when decriminalized, but also when they do not face discrimination, violence or mistreatment due to the nature of their work.
Written by: Daniela Garrido
Edited by: Zuairia Shahrin
References
Benoit, C., Smith, M., Jansson, M., Healey, P., & Magnuson, D. (2020). The relative quality of sex work. Work, Employment and Society, 35(2), 239–255. https://doi.org/10.1177/0950017020936872
Bogdan, S. (2022, October 4). Challenging criminal laws: The right to sell one’s body vs. the right to not be trafficked. 980 CFPL. Retrieved April 14, 2023, from https://globalnews.ca/news/9176241/challenging-criminal-laws-sex-work/
Canada, P. S. (2023, January 18). Government of Canada. Sex Trafficking – Canada.ca. Retrieved April 23, 2023, from https://www.canada.ca/en/public-safety-canada/campaigns/human-trafficking/sex-trafficking.html
Canadian Public Health Association Position Paper Sex Work – CPHA. CPHA. (2014). Retrieved April 15, 2023, from https://www.cpha.ca/sites/default/files/assets/policy/sex-work_e.pdf
Decriminalisation & Legalisation. Scarlet Alliance. (2022, June). Retrieved April 16, 2023, from https://archive.scarletalliance.org.au//issues/legalisation/
Government of Canada, S. C. (2021, June 21). Crimes related to the sex trade: Before and after legislative changes in Canada. The Daily - . Retrieved April 24, 2023, from https://www150.statcan.gc.ca/n1/daily-quotidien/210621/dq210621c-eng.htm
Lam, E. (2022, October 28). Sex work and the law in Canada. CATIE. Retrieved April 14, 2023, from https://www.catie.ca/positive-side/sex-work-and-the-law-in-canada
Mac, J. (2016, June 13). The laws that sex workers really want | juno mac. YouTube. Retrieved April 16, 2023, from https://www.youtube.com/watch?v=vc-n852sv3E
Rzeplinski, J. (2019, March 18). Decriminalizing sex work is a better solution. Martlet. Retrieved April 14, 2023, from https://martlet.ca/decriminalizing-sex-work-is-a-better-solution/
Sex Trade | The Homeless Hub. Canadian Observatory on Homelessness (COH). (n.d). Retrieved April 14, 2023, from https://www.homelesshub.ca/about-homelessness/education-training-employment/sex-trade#:~:text=The%20sex%20trade%20industry%20is,managers%2C%20bartenders%20etc.).
Sign the Solidarity Statement for Sex Workers’ Rights | Action Canada. (n.d.). Retrieved April 15, 2023, from https://secure.actioncanadashr.org/en/solidarity-sex-workers-rights
Shirley, G. (2022). I’m a Toronto sex worker: Here’s why I find my job empowering. CBCnews. Retrieved April 19, 2023, from https://www.cbc.ca/passionateeye/features/im-a-toronto-sex-worker-heres-why-i-find-my-job-empowering
Why sex work should be decriminalized. Human Rights Watch. (2022, April 3). Retrieved April 16, 2023, from https://www.hrw.org/news/2019/08/07/why-sex-work-should-be-decriminalized
Why prostitution shouldn’t be legal. Demand Abolition. (2018, March 2). Retrieved April 19, 2023, from https://www.demandabolition.org/research/evidence-against-legalizing-prostitution/
Wu, A. (2022, November 16). Yes, you can oppose trafficking and support sex workers’ rights. The Tyee. Retrieved April 14, 2023, from https://thetyee.ca/Opinion/2022/11/16/Oppose-Trafficking-Support-Sex-Workers-Rights/
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