Good morning. Thank you for hearing me today. First, I'd like to acknowledge that I'm on the lands of the three great nations of Squamish, Musqueam and Tsleil-waututh peoples.
For the purpose of this testimony, I represent the BC Coalition of Experiential Communities, which is a sex worker-led advocacy and research group. I myself am a sex worker of 36 years, if you can believe that. I sometimes I have a hard time believing it, but it's true. I will start by assuming that you've read my brief and understand that some of the information you've been receiving as evidence in the committee is false and would not qualify as evidence in a court of law, and would not meet the test of the Tri-Council Policy Statement. I'm happy to answer any questions you have in that regard.
I will focus today instead on recommendations that could ensure that your work is complete and could achieve the best outcomes in supporting health, safety and choices for adult consensual sex workers in Canada.
First, with respect to health, the 2016 report of the Canadian government to UNAIDS clearly identifies the need to remove laws that criminalize sex work. Canada also has international obligations to address the criminalization of people who are vulnerable to HIV and AIDS, and I quote, “Laws, such as laws on sex work...may discriminate by criminalizing conduct or identity.” and “States have a moral and legal obligation to remove discriminatory laws and to enact laws that protect people from discrimination.”
This committee heard from Justice Canada about arrest numbers and difficulties experienced by police and prosecutors in targeting exploitation. This committee must also hear from the Minister of Health, the Public Health Agency of Canada, Corrections Canada, International Affairs and all those responsible for the federal initiative to address HIV/AIDS in Canada. The impacts of criminalization on the health of sex workers and Canada's international commitments at the UN are critical to your work.
Now I'll talk about the law.
Canadians and witnesses here are all in agreement that sex workers should not be criminalized. Police and prosecutors have expressed confusion with respect to how to fight exploitation. They say that human trafficking laws are insufficient and often put the victim's safety at risk. The use of prostitution laws has become the default in the absence of effective human trafficking legislation. There are many laws that can be used to fight violence against sex workers without defaulting to prostitution laws. Victims of human trafficking exist in many industries, not just in sex work.
You've heard about exploitation of youth and children. The stigma carried by sex work also extends to youth who experience paid sexual exploitation. A child whose exploiter is charged under prostitution laws will be subjected to the stigma of prostitute for the entirety of their lives. People migrating to Canada who are fleeing economic hardship, climate change, discrimination and many other things also face risks if they engage in sex work. They could be deemed inadmissible and subjected to deportation if they are discovered. This makes it impossible for migrant sex workers to report violence when they experience it or to access health services without fear.
In spite of the misrepresentations and false information given to this committee, the most successful examples of protecting sex worker health and safety are in places that have decriminalized sex work. Part of the New Zealand Prostitution Reform Act's purpose is to protect sex workers and children from exploitation. On February 22, just over one month ago, the state of Victoria in Australia also decriminalized sex work for the rights and safety of sex workers and to prevent exploitation.
Canada must meet its international obligations and address these issues by repealing PCEPA in its entirety, repealing IRPR sections 183(1)(b.1) and 196.1(a), and considering additions to section 279.01 of the Criminal Code to better counter the exploitation or human trafficking of a person, ensuring that additions to that law are based in fact and written in consultation with all stakeholders, and by implementing a national policing policy and guidelines highlighting sex worker rights and the changes to the Criminal Code.
The truth is that we are working-class people, citizens and newcomers who are simply trying to feed and house ourselves and our families. Comments made in support of laws against being near churches, schools and parks are hurtful and totally discriminatory. We have families. Our children go to school. We are diverse in our spiritual beliefs. Children are not prostitutes. We should not be subjected to the narrow ideology of a very vocal few.
Sex workers who are migrating should not be deemed inadmissible.
Police are asking for more effective tools to fight exploitation.
Please, work with us to meet Canada's obligations to sex workers.
Thank you.