Sex Work in Canada Flashcards
Purpose of Federal Laws Impacting Sex Work
intent to decrease demand
Bill C-36 enacts new prostitution offences
- purchasing
- advertising
- material benefit offense
- procuring
- communicating
- link to trafficking in persons
Purchasing Offence
This offence criminalizes purchasing sexual services, or communicating in any place for that purpose, for the first time in Canadian criminal law. Since prostitution is a transaction that involves both the purchase and the sale of sexual services, the new purchasing offence makes prostitution illegal; every time the prostitution transaction takes place, an offence is committed by the purchaser.
Advertising offence
- knowingly advertising an offer to provide sexual services for consideration
- those who sell their own sexual services are protected from criminal liability for committing this offence if they advertise their own sexual services, or for participating in the commission of this offence if the offence relates to their own sexual services
Material Benefit Offence
- receiving a financial or other material benefit obtained by or derived from the commission of the purchasing offence
- those who sell their own sexual services are protected from criminal liability for committing this offence if the offence relates to their own sexual services
Procuring Offence
- procuring a person to offer or provide sexual services for consideration
- for the purpose of facilitating the purchasing offence, recruiting, holding, concealing or harbouring a person who offers or provides sexual services for consideration, or exercising control, direction or influence over the movements of that person
- those who sell their own sexual services are protected from criminal liability for participating in the commission of this offence if the offence relates to their own sexual services
Would a “classic pimp” be guilty of both the procuring and material benefit offence?
yes, because the pimp both induces another person to sell sexual services and receives money form the sale of those services
Communicating Offence
- communicating for the purposes of offering or providing sexual services for consideration in public places that are or are next to school grounds, playgrounds or daycare centers
Trafficking in Persons Offences
Bill C-36 harmonized the penalties imposed for human trafficking and prostitution-related conduct to ensure a consistent response to practices that are linked to main trafficking offences, material benefit offence and documents offence
Main Trafficking Offence
Recruiting, transporting, transferring, receiving, holding, concealing or harbouring a person, or exercising control direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation
Documents Offence
Concealing, removing, withholding or destroying travel or identity documents for the purpose of facilitating a human trafficking offence
Why has conceptualizing sexual services been contested?
- growth of precarious jobs (tends to be marginalized people)
- often “dirty”
- bottom of care economy
- Uncertainty/ instability in housing, poverty, health, etc.
What is the most significant cause of burnout?
stigma
Sex worker’s experience in Job satisfaction
- 79%
- provide valuable service, help people, feel respected by clients, making people feel happy through provision of services
- autonomy (own business)
- not as hard as other work: less stress, physically easier
- but for some, emotionally taxing; providing service to people you don’t want to serve
Sex worker’s experience in Money
- 67%
- better than other jobs (is fast and easy)
- especially important if low education level
- “not paid below what I’m worth” (i.e., min wage jobs)
- but low job security -can’t work/no clients = no money
Sex worker’s experience in work control
- 49%
- freedom to schedule the work/services
- can be hard to run your own business
Sex workers experience in social status
- 34%
- is low status employment
- heavy psychological and emotional burden
- stigma internalized
- stress of having constantly hide your work
Other topics related to sex work that were not mentioned in Benoit study
- safety/violence
-discrimination [disproportionate # women and Indigenous] - physical health (STI risk)
- different locations/risk associated with each
What is Edmonton’s approach to licensing body rub centers?
- harm reduction approach
- business licensing of “non-accredited massage” business
- 2 city of edmonton liason officers to enforce regulations and monitor safety
Licensing requirements for body rub centers
- police record checks for owners and practitioners
- practitioners must have city license
- businesses must submit an operational plan/security plan
Why research on body rub centers?
concerns raised about Edmonton’s licensing
- supports exploitation and human sex trafficking
- illegal under Bill c-36
- contradicts Edmonton’s gender-based violence strategy
Goals for research into Body Rub centres
to identify:
- merits and challenges of withdrawing from licensing
- strategies used by other municipalities in Canada
- evidence-based practices to reduce buyer demand
Research findings on Safety in body rub centres
- safety is the primary concern
- body rub centres are safer
- stakeholders: licensing suggests violence is ok
Research findings on health and health supports in body rub centres
- compared to working in another space, centres provide better support for physical, sexual and mental health
- centres provide infrastructure to support hygiene, hub for health, safety and other info and provide social support systems of BRP’s
