Don’t go there, sex workers told
Advocates: Unfair restrictions add up to house arrest for some

The Chronicle Herald
By BRIAN HAYES Court Reporter
Mon. Dec 10 - 5:56 AM

The justice system is "further victimizing" sex workers by imposing release conditions many find it impossible to abide by, a Nova Scotia legal aid lawyer says.

"It does cause them a great deal of grief," said John Black. "I’m troubled because these ladies are not predators. They number among society’s victims."

The Criminal Code gives police the power to release anyone arrested for solicitation on conditions including that they agree to keep the peace; report regularly to police; have no contact with victims or witnesses; not possess firearms, drugs or alcohol; or stay out of specific areas.

But Mr. Black cited the plight of a client who was arrested recently for communicating for the purpose of prostitution and given the choice of remaining in custody until her court date or being released upon signing an undertaking barring her from a section of east-end Halifax.

He said his client was banned from going into an area bounded by and including Cogswell Street, east to Brunswick Street, north on Brunswick Street to North Street, west on North Street to Gottingen Street, north on Gottingen Street to Young Street, west on Young Street to Agricola Street, south on Agricola Street to North Park Street and south on North Park Street to Cogswell Street.

The only exception was going to and from her residence for employment, treatment programs, medical appointments or emergencies or obtaining life’s necessities such as food, clothing or prescriptions.

"There are some fairly well-known strolls areas within that district of town, but not the whole entire district," Mr. Black said. "It’s overkill. It’s not workable."

He questioned whether under the Criminal Code, police have the power to set such boundaries.

Mr. Black said that because his client lives within those boundaries, her undertaking essentially put her under house arrest with exceptions.

"For a person who had not been in trouble with the law for three or four years, those are very, very restrictive conditions," he said.

Mr. Black said house arrest releases are not uncommon, but only for someone frequently involved in a continuous series of alleged crimes or charged with very serious offences, "not for someone in this lady’s situation."

He said most sex workers are "dysfunctional" because of their backgrounds, addictions, abusive relationships and a host of other issues.

"Putting them through the additional pressure further victimizes them."

But Crown attorney Catherine Cogswell says it’s "overly simplistic" to blame police, the courts and a lack of resources for the problems sex workers say they face.

"Everyone wants to blame a system or the system," she said. "I don’t think in my experience that any police officer or members of the criminal justice system are singling out prostitutes.

"The problem is there’s a huge need for mental health courts and courts that can deal with addiction issues much better than the criminal justice system we have right now.

"Many of the people that come before the courts have other problems that should have been dealt with 10 years ago by other agencies," Ms. Cogswell said.

She said boundaries keep prostitutes away from the strolls and away from family-oriented residential areas.

"The most difficult challenge that we face as prosecutors is trying to help people who cannot or will not help themselves."

Halifax Regional Police spokesman Const. Jeff Carr declined to get drawn into a legal argument, but noted it’s up to sex workers whether they agree to the release conditions.

But faced with the option of remaining in jail, Mr. Black said more than 95 prostitutes out of 100 sign the undertakings.

Rene Ross, executive director of Stepping Stone, the only organization in Atlantic Canada that focuses specifically on the health and safety of sex workers, says current laws are "creating a cycle" that causes prostitutes to continually breach release conditions on charges of solicitation and actually keeps them in the trade.

Ms. Ross says such boundaries can keep them from the services they need.

She noted in some cases sex workers have been banned from areas in which Stepping Stone, medical services, probation services and even their own homes are located.

A former sex worker says "it’s comical" when prostitutes are ordered to stay away from certain areas or banned from taking drugs or alcohol. "How can you regulate an addict? Hell, they’re not even stable.""

"Lucky to get away with their lives"
Recent assaults on prostitutes could be called attempted murder, says director of support group
By BRIAN HAYES Court Reporter
Mon. Dec 3 - 5:37 AM

It’s the increasing violence sex workers face that keeps Renee Ross awake at night.

"What’s really overwhelming for us is trying to keep these people alive and safe," says the executive director of Stepping Stone, the only organization in Atlantic Canada that specifically focuses on the health and safety of women, men and transgendered people earning their living as prostitutes.

She said most people have no idea of the level of violence out there.

"We’re doing our best, but it’s getting worse.

"We’re talking about some cases that could be classified as attempted murder. Some (sex workers) are lucky to get away with their lives."

Ms. Ross said she has talked with sex workers who say they have been raped and physically assaulted by clients and others while working the streets of metro. But because soliciting, or arranging to exchange sex for money, is a criminal offence, she said those crimes are usually not reported to police.

She said the fact soliciting is a crime also makes it difficult to determine just how many prostitutes there are because many of them are working in "unsafe and underground" conditions like alleys.

"But we do know from recent statistics that 20 per of sex workers (are) street-based," she said. "What we find ourselves dealing primarily with is street-based survival sex work."

Ms. Ross said that five years ago, Stepping Stone outreach workers averaged about 10 contacts a night with prostitutes. That number has increased to about 25.

With a small staff — only three full-time workers and one part-time employee — Stepping Stone deals with about 195 clients a month, she said. Last year, she said, Stepping Stone made well over 10,000 contacts, although not all of them on an individual basis.

Ms. Ross said the 20-year-old organization is working on building better communication and a more co-operative relationship with police.

Stigmatizing sex workers as "hookers" is another issue they face, she said, noting that many of them view the word as degrading and believe society is not seeing them as people when in fact most are "strong, resilient and wise."

Contrary to public opinion, Ms. Ross said, not all sex workers are drug addicts, a myth her organization is continually trying to dispel.

Stepping Stone is not "a rescue organization," she said, but rather one that meets people on their own turf and on their own terms "where they are at."

"But we will provide support to current and former sex workers and to those who want to get out of the business.

"What makes us unique is that we are successful because we’re very non-judgemental.

"We do street outreach four nights a week. We go to the stroll where the sex workers are at throughout Halifax and the municipality. So we are covering all the bases."

She said outreach workers provide prostitutes with condoms, information on safety and referrals to other community agencies.

Ms. Ross said Stepping Stone provides three streams of programming, including a drop-in centre where street workers have access to food, computers, counselling and HIV testing.

The province, United Way and other organizations fund the group.

"We have a lot of great community partners in HRM so we do a variety of programs," she added. "We’re looking at self-defence classes right now."

Ms. Ross said Stepping Stone also offers a court support program that involves working with the judicial system and probation officers who are monitoring individuals on release conditions.

She said that years ago, there were specific central strolls in Halifax, but because street workers fear arrest by police, the strolls have now spread throughout the municipality.

"That’s why people are seeing an increase of streetwalkers in residential areas," she noted.

Ms. Ross said current laws governing prostitution are "creating a cycle" that causes sex workers to continually breach release conditions on charges of solicitation and in some cases "actually keeps them in the trade" because they need to go back working the streets to pay their fines.

She said police- and court-imposed boundaries (sometimes entire city blocks) barring sex workers from designated areas of the city are also keeping them away from the services they need.

Ms. Ross noted in some cases Stepping Stone, medical and probation services and even their own homes are in areas sex workers have been barred from. "I do know we cannot continue to accept things as they are now," she said.

Decriminalizing prostitution is key to addressing violence, she said.

She noted that in jurisdictions where prostitution has been decriminalized, communication has improved between sex workers and police, more crimes are being reported and civil ordinances governing matters such as advertising, signs and traffic laws have been toughened.

Ms. Ross said Stepping Stone is "breaking its silence" on the plight of street workers because "it’s getting so violent out there."

( bhayes@herald.ca)