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A Dissertation Submitted to the Faculty of Graduate Studies in Partial Fulfilment of the Requirements for the Degree of Doctor of Philosophy

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A Dissertation Submitted to the Faculty of Graduate Studies in Partial Fulfilment of the Requirements for the Degree of Doctor of Philosophy SEX FOR WORK: HOW POLICY AFFECTS SEXUAL LABOUR, AN ARGUMENT FOR LABOUR LEGITIMACY AND SOCIAL CHANGE EMILY VAN DER MEULEN A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN WOMEN'S STUDIES YORK UNIVERSITY, TORONTO, ONTARIO SEPTEMBER 2009 Library and Archives BibliothSque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'gdition 395 Wellington Street 395, rue Wellington Ottawa ON K1A 0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre inference ISBN: 978-0-494-64973-2 Our file Notre reference ISBN: 978-0-494-64973-2 NOTICE: AVIS: The author has granted a non- L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduce, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non- support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission. In compliance with the Canadian Conformement a la loi canadienne sur la Privacy Act some supporting forms protection de la vie privee, quelques may have been removed from this formulaires secondaires ont ete enleves de thesis. cette these. While these forms may be included Bien que ces formulaires aient inclus dans in the document page count, their la pagination, il n'y aura aucun contenu removal does not represent any loss manquant. of content from the thesis. M Canada Abstract This dissertation examines the implications of federal legislation for sex workers' labour rights in order to make recommendations for labour legitimacy and social change. Specifically, the chapters look at four key areas: the historic trends and current framework of the sex work-related sections of the Criminal Code of Canada (namely, s. 210, 211, 212, 213); variations in the regulation of sex work through an international policy comparison of Sweden, the Netherlands, and New Zealand; the potential for sex work labour organizing and industry-wide labour improvements; and the possibility of alternative policy frameworks for Canada's sex industry, specifically decriminalization. The dissertation concludes with a 5-point action plan that focuses on the necessity of a reconceptualization of sex work and sexual labour, the fundamental importance of decriminalization, the implementation of sex worker created health and safety guidelines for the sex industry, social and government support for sex workers unionization and association building, and the cessation of mandatory and excessive licensing schemes. Drawing on a mix of texts, policy documents, and in-depth interviews with sex workers and allies from Canada's oldest sex worker run organization, Maggie's: The Toronto Prostitutes' Community Service Project, this dissertation examines the following general questions: What strategies do sex workers employ in struggles for increased labour rights? How can sex workers and allies promote basic labour protections and standards within the industry? How can Canadian policy develop to iv better support sex workers' rights? How can policy makers better engage with sex working communities in the policy development process? How can sex work research produce policy-relevant outcomes? In an effort to build bridges and dismantle barriers between sex workers and feminist researchers, the methodology supported throughout the research process was that of Action Research. As such, sex workers and allies participated in the design of the project, provided feedback throughout the writing phase, and were involved in the dissemination of the results. A key priority of this dissertation was to shift from researching on sex workers to researching with sex workers. Accordingly, sex workers' expert opinions and narratives about the criminalization of their common work-related activities are central. v Acknowledgements While most major research projects are collaborative endeavors, this one was particularly so. The following mentors and colleagues, family and friends, comrades and allies played pivotal roles in shaping, guiding, and influencing this dissertation. Kamala Kempadoo, Sarah Flicker, and Kate Sutherland's thoughtful and knowledgeable comments and feedback encouraged my intellectual growth and scholarly development. Through their insightful and challenging questions, my committee showed me how to become a more attentive researcher, writer, and thinker. Their guidance was invaluable. I am also thankful for the important contributions and feedback of my defense committee: Leslie Ann Jeffrey, Leah Vosko, and Janet Mosher. An additional two mentors deserve mentioning. As an undergraduate student, Emilia Angelova saw my potential and cultivated my desire for further study. Without her I would not have continued on an academic path. Similarly, during my Master's degree Magda Lewis' oft-repeated phrase "show me, don't tell me" set the groundwork for developing my then combative writing style. I am also very fortunate for a family that both encouraged me to pursue a doctoral degree and believed in my ability complete it. My parents in particular were a constant support. When others thought it impossible, my mother continued to believe in my future successes and advocated on my behalf; she was my biggest supporter and my most ardent lobbyist. Over the years of research and writing, my father's sustained vi interest and enthusiasm was both encouraging and heightened my drive to complete the project. To my whole family, thank you for your nurturing, your support, and your interest in the topic - Carol and Gary, Anna and Sunny, Julie and Torbjorn. I owe a debt of gratitude to the friends who made the process enjoyable by providing the necessary community, social life, and space to commiserate over the past five years - Rob Heynen, reese simpkins, Elya Durisin, Kelly Fritsch, Aaron Gordon, Irina Ceric, Jean McDonald, Jessica Grillanda, Nicola Luksic, and Julie Dowsett. Additionally, my friends and colleagues in Women's Studies were indispensable in facilitating an academic network that included various study and support groups, co-published papers, joint panel presentations, and more - Vivian Lee, Claire Carter, Jennifer Musial, May Friedman, Vicki Hallett, and Diana Gibaldi. I would especially like to thank the Helena Orton Memorial Scholarship, the Ethel Armstrong Award, the W. Jean Fewster Award, and the Social Sciences and Humanities Research Council Canada Graduate Scholarship for their generosity. And finally, none of this would have been possible without the support and encouragement of the current and former staff, volunteers, and board members of Maggie's who agreed to participate and be interviewed for this study. Thank you Alysa, Julia, Kara, Keisha, Lisa, Maria Belen, Patricia, Renee, Robert, Sarah, Sasha, and Valerie. vii Table of Contents Abstract iv Acknowledgements vi Table of Contents viii List of Tables ix List of Appendices x Chapter 1: Introduction: Reframing Sex Work as Sexual and Emotional Labour ... 1 Chapter 2: Action Research with Sex Workers and Allies: Dismantling Barriers and Building Bridges 23 Chapter 3: Policy Perspectives on the Global Sex Trade: Debates on Eradicating, Managing, and Legitimating Sex Work 70 Chapter 4: International Approaches to the Regulation of Sex Work: Lessons Learned from Sweden, the Netherlands, and New Zealand 104 Chapter 5: From Vagrancy to the Subcommittee: Canadian Prostitution Policy Development and Transformation, 1860 to 2006 152 Chapter 6: How Canada's Criminal Code Affects Sex as Work: The Possibilities for Labour Organizing under Criminalization 209 Chapter 7: Concluding Recommendations: A 5-Point Action Plan for Labour Legitimacy and Social Change 260 Appendices A-K 293 Bibliography 318 viii List of Tables Table 1.0: Demographic Breakdown of Interview Participants 63 Table 2.0: Questionnaire Reponses 65 Table 3.0: Section 210: Bawdyhouse Provisions 218 Table 4.0: Section 211: Transporting to a Bawdyhouse 223 Table 5.0: Section 213: Communication Provisions 225 Table 6.0: Section 212: Procuring Provisions 229 Table 7.0: Recommendation, Rationale, and Responsibility 264 ix List of Appendices Appendix A: Informed Consent 293 Appendix B: Demographic Questionnaire 296 Appendix C: Interview Guide 298 Appendix D: 1999 Swedish Penal Code 302 Appendix E: Revised 2005 Swedish Penal Code 303 Appendix F: Beyer Speech to Parliament 308 Appendix G: NZPC Summary of Laws 310 Appendix H: Section 210 Criminal Code 313 Appendix I: Section 211 Criminal Code 314 Appendix J: Section 213 Criminal Code 315 Appendix K: Section 212 Criminal Code 316 x Chapter 1 Introduction: Reframing Sex Work as Sexual and Emotional Labour This is the topic that everybody
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