In our view, decriminalization is better than legalization.
Legalization creates a very strict little framework, where sex work is legal. It continues to ensure that anyone who doesn't fit into that framework is considered a criminal.
Our main goal is obviously to protect the most marginalized women in our communities. These women work in informal settings, don't comply with the very complex rules, or don't have a work permit, and so on.
Decriminalization removes sex work entirely from the criminal sphere. In addition, decriminalization provides access to all the other protections to which other workers are entitled. As I said earlier, this may include access to labour standards; the Commission de la santé et de la sécurité du travail, or CSST; employment insurance; or all the other protections available in other places.
The Canadian Alliance for Sex Work Law Reform includes 25 groups across Canada. We held an extensive 18‑month consultation with all groups formed by and for sex workers in Canada.
I assume that you'll receive this document. It outlines not only the situation at the federal level, but also the provincial jurisdiction issues. Labour standards, for example, are obviously a provincial responsibility.
We took all this into consideration. It's a very cohesive document. The solution to most issues is simply to remove all the rules specific to sex work. The immigration rules must also be removed. Right now, if you aren't a permanent resident and you're involved in sex work, you can be removed from the country. We must address all these issues.
I want to briefly address what was said earlier about police repression. There are very concrete examples of this repression. Decriminalization ensures that this type of situation can no longer occur. In Montreal, there's the RADAR program. Through this program, the City of Montreal police department asks hotel staff and taxi drivers to identify sex workers and report them. This creates a sense of fear among sex workers, since they can no longer safely use hotels.
In the case of some police operations, the police officers come to the workplace. It isn't uncommon to see 10, 20 or 30 police officers detain women, ask them to show identification and conduct checks. In 2019, there was a particularly violent police operation. The police took note of all tattoos and body piercings. The women were told that this would help the police identify their bodies when they were found dead. Scaring sex workers into stopping sex work is a well‑known American technique. Can you imagine the impact of this type of police operation on sex workers?
These are concrete examples. Even though police responses don't necessarily result in the arrest of the sex worker, it creates an environment of fear. The consequences are enormous. In addition, it's a serious violation of human rights.
Decriminalization would eliminate the power of police to harass sex workers in various ways and to invade their workplaces.
With respect to protection, other sections of the Criminal Code deal specifically with violence in all its forms.
Some women have criticized the Criminal Code and the prison system for not responding properly to violence against women. All types of reforms may be needed in this area.
Sex workers want to be included in this work. They don't want specific legislation prohibiting sex work. Protection and prohibition are incompatible. These two concepts simply don't mesh. It may be necessary to choose the preferred option.
I hope that this answers your question.