Response to CPHA’s A Public Approach to Sex Work: Addressing Stigma and Demanding Change

In its February 2024 article, A Public Approach to Sex Work, the Canadian Public Health Association (CPHA) takes a commendable step in advocating for a health-focused and harm-reduction approach to sex work in Canada. However, as a former sex worker and someone deeply invested in this issue, I find their analysis missing crucial nuances, especially regarding the lived realities of sex workers and the structural harm perpetuated by current laws and societal stigmas.

While the CPHA aims to address exploitation and harm, the conversation must go deeper to challenge ingrained ideologies that conflate consensual sex work with trafficking, stigmatize workers, and criminalize an industry that many enter willingly for autonomy, financial independence, or personal choice.

The History of Labeling: From Deviants to Victims

The stigmatization of sex work in Canada has deep historical roots. While CPHA acknowledges the harms of current laws, the narrative often shifts focus from empowering workers to portraying them as victims needing rescue. This framing echoes the legacy of the neo-abolitionist movement, which criminalized behaviors surrounding prostitution under the guise of “protection” but ultimately marginalized and endangered those it claimed to help.

For instance, early Canadian laws targeting bawdy houses and streetwalking disproportionately punished women, perpetuating the idea that sex workers are inherently deviant or incapable of consent (The Canadian Encyclopedia). Today’s policies, like Bill C-36, replicate this paternalistic approach by criminalizing clients and creating a legal framework that pushes sex work further underground, increasing risks for those in the industry.

The CPHA’s approach rightly highlights harm reduction, but without addressing the structural violence of these laws and the societal stigma that labels sex workers as “throwaway girls,” we risk perpetuating the cycle of harm.

Stigma: The Silent Barrier to Safety

The CPHA’s report emphasizes public health measures to reduce harm, but it overlooks the pervasive stigma that isolates sex workers and leaves them vulnerable to violence. This stigma is rooted in the long-standing societal image of sex workers as inherently immoral, dirty, or victims of circumstance.

This narrative harms workers in profound ways:

    •    Invisibility in abuse: Stigma discourages sex workers from reporting violence, as they fear judgment or dismissal by law enforcement.

    •    Perpetuation of violence: Predators exploit the societal belief that sex workers’ lives matter less, knowing their crimes are less likely to provoke outrage or thorough investigation.

    •    Barriers to exiting: The label of “sex worker” follows women even after leaving the industry, impacting their ability to secure stable employment or credibility (Huffington Post, 2016).

If the CPHA is serious about addressing harm, it must tackle stigma head-on, advocating for full decriminalization and public education to dismantle harmful stereotypes.

Conflating Trafficking with Consensual Work

One of the most significant oversights in the CPHA’s article is its failure to distinguish between consensual sex work and human trafficking. This conflation fuels laws like SESTA/FOSTA in the United States, which eliminated online advertising platforms for sex workers under the guise of combating trafficking but instead pushed consensual workers into more dangerous conditions.

In Canada, this conflation continues to shape public discourse and policy, often ignoring the voices of workers themselves. While human trafficking for sexual exploitation does occur in Canada—with a high rate in Saskatchewan—statistics do not support the exaggerated claims often cited by abolitionist campaigns, which assert that all sex workers are trafficked. Instead, the broad definition of “trafficking” frequently includes consensual relationships between sex workers and their partners or colleagues, further criminalizing marginalized communities.

Decriminalization, paired with regulation, would empower sex workers and clients to report actual cases of trafficking and exploitation without fear of being targeted themselves.

Algorithms, Exploitation, and the Role of Technology

The CPHA briefly mentions digital tools in its approach, but it fails to recognize how online platforms have historically offered safety to sex workers. By allowing workers to vet clients, share warnings, and operate independently, these tools reduced reliance on third parties and street-based work. However, the closure of platforms like Backpage and Craigslist Personals in the wake of SESTA/FOSTA devastated sex workers’ ability to operate safely.

Current online advertising platforms require payment for ads in cryptocurrency, often priced in euros, which is expensive and exploitative. Many ads are fraudulent, designed to pressure advertisers into constantly “bumping” their posts for visibility. This model disproportionately benefits organized crime while undermining the financial stability of sex workers.

In 2024, the rise of AI presents both opportunities and challenges. While algorithms could help detect trafficking, their misuse risks further censorship of consensual work, amplifying stigma and financial insecurity for workers. The CPHA must advocate for technologies that protect sex workers’ autonomy rather than undermine it, while also protecting clients from extortion and other risks.

Toward a Truly Public Approach

If we are to build a truly public health approach to sex work, we must center the voices and needs of sex workers themselves. This means moving beyond harm reduction to actively empower workers.

Adding a Provincial Framework: A Practical Path Forward

While the CPHA’s A Public Approach to Sex Work outlines important steps for harm reduction, a provincial framework offers a more practical and impactful solution for regulating and supporting the sex work industry in Canada. The current licensing system in many provinces requires sex workers to obtain separate municipal licenses in each city they wish to work in, creating unnecessary barriers and increasing costs for those in the industry.

The Case for Provincial Licensing

By introducing a provincial licensing system, we can simplify this process while improving oversight and safety. Provincial licensing would:

    •    Streamline the Process: One license would allow workers to operate across the entire province, reducing administrative burdens and costs while ensuring that licensing fees remain affordable, capped at $250 provincially and $100 municipally.

    •    Ensure Consent: Licensing requirements could include verification to ensure individuals are working voluntarily, effectively reducing the risk of trafficking. New workers should also receive resources and training on industry safety, with courses developed collaboratively by sex workers and law enforcement.

    •    Provide Oversight: A centralized system would allow for the creation of provincial registries of verified providers, replacing reliance on costly and exploitative third-party advertising platforms.

Mental Health and Safety

The sex work industry often carries significant emotional weight, compounded by the stigma and discrimination faced by those within it. This makes sex workers particularly vulnerable, underscoring the need for accessible mental health and addiction services that are trauma-informed and nonjudgmental. It is essential that these services create a safe space, free of shame, where workers can seek help when needed.

As a sex worker myself, I believe it would be beneficial to implement a system of quarterly check-ins with a qualified counselor. These sessions could serve multiple purposes: ensuring that workers are engaging in the industry voluntarily, providing a supportive space to address any challenges, and offering access to resources such as exit programs for those who wish to transition out of the industry. Such proactive and compassionate support systems would prioritize the well-being and autonomy of sex workers while reducing barriers to essential care.

Replacing Third-Party Advertising

Current third-party advertising platforms are rife with issues, including exorbitant fees, bots, scammers, and trafficked individuals. By establishing a provincial registry of verified providers, we can create a safer, more transparent system that:

    •    Empowers workers to advertise directly without intermediaries.

    •    Enables law enforcement and public health officials to focus on actual trafficking cases rather than conflating them with consensual work.

    •    Reduces the financial strain on sex workers by eliminating exploitative fees.

Centering Lived Experiences in Policy and Advocacy

If we are to develop a truly effective public health approach to sex work, it is imperative to involve the people who understand the industry best: sex workers themselves. Organizations that claim to support sex workers should employ current or former sex workers, leveraging their invaluable lived experiences to guide policies and programs.

This is not just a moral imperative but a practical one. Sex workers have firsthand knowledge of the challenges, risks, and opportunities within the industry. Their insights can help design systems that:

    •    Address Real Needs: Policies informed by lived experiences are more likely to succeed because they reflect the actual conditions workers face.

    •    Build Trust: Sex workers are more likely to engage with organizations and programs that include their peers in leadership roles.

    •    Challenge Stigma: Employing sex workers in advocacy roles demonstrates respect for their expertise and counters harmful stereotypes.

The inclusion of sex workers in policy development and program implementation is not an optional addition—it is a foundational necessity for creating meaningful change.

Eliminating Juvenile Solicitation Charges from Criminal Records

Another critical issue is the retention of juvenile solicitation charges on adult criminal records, even after such offenses have been decriminalized. This breach of privacy places individuals in vulnerable positions, particularly when seeking employment in industries requiring criminal record checks.

Legislative reform is urgently needed to expunge these records. No one should be penalized for a charge that no longer aligns with current laws or societal understanding. Protecting the privacy and dignity of individuals affected by these outdated policies is essential to fostering equality and inclusion.

Conclusion

the CPHA’s A Public Approach to Sex Work is a step in the right direction, it must go further to address the systemic issues that perpetuate harm. Decriminalization, destigmatization, and worker-centered policies are not just theoretical ideals—they are practical, evidence-based solutions that can save lives and uphold human rights.

As someone with lived experience in this industry, I urge policymakers and public health advocates to listen to sex workers. The fight for equality and safety in the world’s oldest profession is not about rescue; it’s about respect, autonomy, and the right to survive.

Melody Merlot Saskatchewan Dec 6 2024