Understanding the Potential for Sex Work Policy Reform in Canada

Abstract

Sex work laws in Canada and abroad have historically shaped the health, safety, and overall wellbeing of sex workers. Designed with the specific mandate of protecting vulnerable young girls and women from exploitation and reducing the social harms associated with sex work, the Protection of Communities and Exploited Persons Act (PCEPA) has faced increased debate in light of its contrary implications for the sex work industry in Canada. In particular, this major research paper aimed to explicate the ways in which the PCEPA has contributed to increased surveillance and harassment from law enforcement, worse outcomes related to occupational health and safety, limited access to critical health and social services, and economic precarity for sex workers - all of which is compounded by intersectional forms of violence and discrimination to create further harm for (im)migrant, transgender, and racialized sex workers. In conducting this research, first-hand accounts from sex workers and both qualitative and quantitative research from academics and organizations were leveraged to paint a full picture of the environment created under criminalization and to determine potential recommendations for mitigating the harms experienced by sex workers. A comprehensive analysis of alternative policy models and their implications was conducted between the legalization of sex work in the Netherlands and decriminalization in New Zealand. With specific attention to the ongoing threats of incrimination, stigma, and exploitative relationships under legalization and the potential for reduced discrimination and improved access to health, safety, and legal measures under decriminalization, this analysis detailed how decriminalization and the enforcement of sex workers’ civil and labour rights is the best way forward to ensure that sex workers remain safe, protected, and eligible to the same rights and benefits procured under all other forms of work.