Law Reform Criminalization is Justice Denied

							  Sex Work:
An Experiential
 Perspective
  October 18, 2006
  London, Ontario
      Thoughts To Consider:

 “The significant problems we face cannot be
 solved at the same level of thinking we were at
             when we created them”

“The world is a dangerous place to live, not just
  because of the evil people in it, but because of
      the people who do nothing about it.”
 4 Categories of the Sex Trade


            Free-Will Choice To Work   Forced Into Sex Trade



Under 18              #1                        #2


18 & Over
                      #3                        #4
           Forming A Group

   Formation of group that includes experiential
    and community supporters
   From all parts of the harm reduction and
    legislation spectrum
   Everyone has a personal stake in this, both as
    an advocate and as a woman
   Listening and respect for each other despite
    differences was achieved
   All of the members felt that the work they do
    in their own communities across Canada has
    been helped by membership in the Coalition
            CNCEW Mission
   CNCEW commits to the improvement of the
    living and working conditions of women in
    and from sex work
   CNCEW supports diversity and inclusion of
    dialogue that does not promote harm to
    those active in and from sex work
   CNCEW opposes models of enforcement or
    rehabilitation that promote the continued
    criminalization or harm of women in and
    from sex work
   Gratefully funded by Status of Women
    Canada
             CNCEW Goals
   To facilitate the involvement of women in
    and from sex work on issues of direct
    impact
   To provide opportunities for women to
    communicate their ideas directly to
    legislators, policy makers, and public
    towards the improvement of living and
    working conditions
   To combat conditions of violence, abuse,
    exploitation, slavery and coercion related to
    sex work
            Representation
   We represent women from all areas of sex
    work

    •   Street level sex work
    •   Escorts– agencies and independent
    •   Massage Parlor workers
    •   Trafficked women
    •   Exotic entertainers
    •   Adult film workers
    •   Adult phone sex workers
    Demographics of Members
   Women from all areas of sex work

   Ages range from 20 – 50 years old

   160 years combined experience in sex work

   120 years combined experience working as
    advocates

   All women are activists in their own
    communities

   Extremely passionate and actively involved
    in all issues surrounding the sex industry
What have we done so far?
• Held four national meetings

• Developed statements in seven key areas

• Conducted research in these key areas

• Full day conference in Edmonton, Alberta
• Testified at a private Senate Committee
  hearing before members of many Federal
  Government departments on Parliament
  Hill
Seven Key Priorities of Action
   Occupational Health and Safety
   Violence Against Women
    Working in the Sex Industry
   Addiction Services
   Law Reform
   Public Awareness and Education
   Social Justice
   Sexual Exploitation of Children
    and Youth
      Occupational Health and
              Safety
   Exotic dance, massage and escort agencies
    are licensed by the city and as businesses
    are subject to labour laws

   Improper care and control of the enterprises
    can lead to injury and diseases

   Existing health and safety, labour and
    municipal by-laws should be enforced by the
    appropriate agencies
      Occupational Health and
              Safety
   As with any other occupation, workers in
    these establishments should have the
    following rights:

    • Refuse unsafe work
    • Education on potential job-related risks
    • Participation in joint health and safety
      committees with industry owners
    • Workers should also be

    INFORMED OF THESE RIGHTS
     Violence Against Women
   Law enforcement must begin to take
    reports of violence against sex
    workers seriously
   Ability for sex workers to report bad
    dates anonymously
   Prosecution of violent offenders
   National DNA databank of those
    convicted with violence against sex
    workers
   Training of experiential women in
    victim service roles
Addiction Treatment Services
   Removal of barriers to treatment,
    including long wait lists, childcare
    accessibility, and unrealistic
    expectations
   Sex work-specific treatment centres
   Recognition that sex work in and of
    itself can be an addiction for some
   Aftercare and follow-up provided by
    sex worker-specific agencies across
    Canada
                Law Reform
   Removal of common bawdy house laws
   Removal of solicitation laws
   End the deportation of trafficked women
    being dependent on police cooperation
    against traffickers
   Access to employment insurance, workers
    compensation and re-training in the same
    way as other workers
   Removal of policies that are punitive based
    only on status as a sex worker
   Fair and equitable licensing fees
   Public Awareness and
         Education
Media
  Use of appropriate images and language
Public Education
  Culturally sensitive sessions
Research
  Sex worker-friendly research
  Consultations with sex workers
Training
  Sex workers as consultants and
  researchers
            Social Justice
   Train and hire experiential women to
    design and implement programs and
    services
   Removal of barriers to services
   Stable core funding for programs
   Continuum of services
   Access to educational opportunities
   Safe and affordable housing
    Sexual Exploitation of Children
             and Youth
   The Federal Government of Canada must take a
    leadership role to ensure that the age of consent law
    is raised from 14 to 16 years of age

   Each province has the means to provide appropriate
    and accessible services, including treatment,
    emergency shelter, healing and exiting programs
    and outreach services for children and youth who
    have been sexually exploited

   More resources and strategies are needed to prevent
    children and youth from being exploited. CNCEW is
    currently working with the Federal Government of
    Canada to bring harsher punishments to the
    perpetrators who sexually exploit children and youth
         We are the Experts
   The experiential voice is mandatory
    when implementing and developing
    programs and services
   We can provide useful resources and
    deliver powerful messages to key
    stakeholders, policy makers and
    government officials
   When our voices and experiences are
    inserted into public policy, realistic
    solutions can be achieved -- reducing
    the stigma, one attitude at a time
Response to Sex Work
                  Criminalization
                   (Criminal Code)

              Legalization
               

           (Municipal Bylaws)

          Swedish Model
           
(Both Criminalization & Legalization)

         Decriminalization
      (Provincial Labour Laws)
            Not here yet!
Canadian Criminal Code: S 210
210. (1) Every one who keeps a common bawdy-house is guilty of an
indictable offence and liable to imprisonment for a term not exceeding two
years.

(2) Every one who
(a) is an inmate of a common bawdy-house,
(b) is found, without lawful excuse, in a common bawdy-house, or
(c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having
charge or control of any place, knowingly permits the place or any part
thereof to be let or used for the purposes of a common bawdy-house,
is guilty of an offence punishable on summary conviction.
Canadian Criminal Code: S 213
213. (1) Every person who in a public place or in any place open to public
view
(a) stops or attempts to stop any motor vehicle,
(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or
egress from premises adjacent to that place, or
(c) stops or attempts to stop any person or in any manner communicates or
attempts to communicate with any person
for the purpose of engaging in prostitution or of obtaining the sexual
services of a prostitute is guilty of an offence punishable on summary
conviction.

(2) In this section, “public place” includes any place to which the public have
access as of right or by invitation, express or implied, and any motor vehicle
located in a public place or in any place open to public view.
    The Outcome of S. 213: Murder
   86 sex workers were murdered from 1992 to
    1998
   56 (65%) of the murders committed were by
    clients
   18 sex workers were murdered in 2004
   54% of cases reported between 1991 and 1995
    remained unsolved (34 incidents) compared to
    only 20% of non sex worker murders (as of
    1996)
   90 women missing/murdered from Vancouver
             Municipal Bylaws
   Licenses
   Criminal Record Checks & Photo ID Cards
   Fines
   Health Checks
   Fees: I.E. Winnipeg’s Licensing Fees:
    • Massage Parlours & Escort Agency’s: $4000
    • Shooting Gallery: $460
      Provincial Labour Laws

Provincial Labour Laws are not applied
to sex workers. For example:

•   Occupational Health & Safety Act
•   Employment Standards Act
•   Labour Relations Act
•   Pay Equity Act
                Human Rights
   Why is Canada regulating the labour of sex
    workers under the Canadian Criminal Code and
    municipal bylaws?
   Sex workers should have the same rights as
    other workers.
   Not applying criminal code (as protection) or
    labour laws or treating sex workers as workers is
    a human right violation.
                CCC Enforcement
               & Tax Payers Dollars
   There were 6493 prostitution related offences in 2004

   It costs $50 005 to incarcerate 1 person for 1 year at the (cheaper)
    provincial rate

   Therefore, to incarcerate every person charged for a period of one
    year (1/2 of the maximum time for “communicating”) it would cost
    taxpayers $324 682 465 A YEAR!!!

   Over a million dollars per riding! In addition to the cost of policing;
    courts; murder investigations (18 for 2004 alone); violent crimes
    against sex workers and all other offences related to sex work!
               Recommendations
   With respect to sex workers, the immediate removal of
    S. 210 (bawdy house) & S. 213 (communicating) from
    the Canadian Criminal Code.

   Consult with sex workers when reviewing any law
    relating to prostitution, trafficking, immigration, migration
    and living off the avails of prostitution.

   Provide sex workers with a safe worksite. Sex work is
    not illegal in Canada and very human being has a right
    to safe place to work. Denying a person a safe place to
    work is a human rights violation.

   Listen to our voices – we are the experts and we know
    what is best for us.
  Concluding Questions #1

“The significant problems we face cannot be
solved at the same level of thinking we were at
            when we created them”
               - Albert Einstein

  Where is your level of thinking at now?
    Concluding Questions #2

“The world is a dangerous place to live, not just
  because of the evil people in it, but because of
      the people who do nothing about it.”
                - Albert Einstein

    What are you going to do about it now?