The Department of Justice Public Consultation on sex work closes March 17, 2014.
Although the questions appear to be stacked, it’s important that people who support decriminalization participate. There’s certainly no shortage of people filling out the forms and calling for new criminalization. The questionnaire is here, and Maggie’s Toronto provides some advice on answering positively, here.
If you’re still on the fence about whether you support decriminalization, then please consider answering questions 1-5 with the following:
“I decline to answer from my own experience, but instead call upon the Harper Government to make it a priority to ensure that any decision on sex work be made in full consultation with sex workers themselves, who face the greatest consequences of any law. It is of particular importance that people who are currently engaged in sex work be consulted and that their experiences be given greater weight. The recent Supreme Court ruling made it clear that workers’ safety and right to self-determination cannot be compromised.”
Need more convincing? At RankAndFile.ca, there’s an interesting discussion about how decriminalization along with a union-style approach can lead to much improved conditions for sex workers:
Some of the public discussion of the role of sex workers in the economy has likened sex workers to small business owners or entrepreneurs; they offer a service often as independent contractors. For many sex workers, this is the case: they negotiate directly with their clients on services and payments, they deal with the management of the finances of their work, they hire and fire driving, security, or other staff. Other sex workers don’t own anything and are employees with employers. These workers may be misclassified as independent contractors in their workplaces, but labour and feminist activists should not be fooled by this common attempt to limit workers’ rights by calling them something they are not like taxi drivers and couriers.
I am not a sex worker and I am not pointing to this distinction to buy into any attempts to divide sex workers in the fight to access basic rights and better occupation health and safety standards. Instead, I think the distinction is important, because it illustrates that the labour movement could have a very specific role in improving working conditions for sex workers and creating a greater balance of power between sex workers and their employers, namely by helping these sex workers organize into unions…
Here are my comments to the Department of Justice consultation:
- 1. Do you think that purchasing sexual services from an adult should be a criminal offence? Should there be any exceptions? Please explain.
- Comment: No. An environment in which a buyer is criminalized is still a criminalized environment, and sex workers are then pushed into unsafe situations for the sake of their livelihood. Clients are not going to feel comfortable taking the time to negotiate, and this compromises safety. It also fosters a poisonous social climate for people who engage in sex work, driving workers underground, making it difficult for them to access non-judgmental health and social services, and creating a barrier of distrust between them and authorities.
- 2. Do you think that selling sexual services by an adult should be a criminal offence? Should there be any exceptions? Please explain.
- Comment: No. There are existing laws that address coercion (procuring), underage prostitution and human trafficking. Beyond these points, focus should be on a person’s safety, their autonomy and empowering them to better their lives however they see reasonable. Sex workers gravitate to this work because of either poverty or opportunity, and the greatest positive impact would be to address the poverty that drives the more negative of scenarios.
- 3. If you support allowing the sale or purchase of sexual services, what limitations should there be, if any, on where or how this can be conducted? Please explain.
- Comment: There should be no laws targeting sex work. Any legal discussions should be done with extensive consultation with and consideration of sex workers.
- 4. Do you think that it should be a criminal offence for a person to benefit economically from the prostitution of an adult? Should there be any exceptions? Please explain.
- Comment: There are already procuring laws still on the books which address coercive circumstances and human trafficking. Beyond these, there should not be any laws criminalizing economic earnings from sex work. In other countries, these laws are often unreasonably abused to target sex workers, their spouses, their children, their roommates and more.
- 5. Are there any other comments you wish to offer to inform the Government’s response to the Bedford decision?
- Comment: This consultation needs to consider the experiences of sex workers, particularly those who are still working and seeking to make a safe life for themselves. The Bedford decision clearly showed how criminalization harms sex workers, and the Nordic form of criminalization simply re-establishes the status quo. I would like to see a Canadian model that focuses on sex worker input, and protects, respects and fulfills sex workers’ human and labour rights.
- 6. Are you are writing on behalf of an organization? If so, please identify the organization and your title or role:
- Comment: I am writing as an independent individual, and as someone who has experience in sex work at different times in my life, and with the ability to reflect on and contrast two very different sets of circumstances.