Constitutionality

Michael's picture

Fundamental freedoms or moral soapbox?

There are essentially two ways to change unjust laws, by appealing to the legislature, or by referring the statutes to an independent judiciary for a  determination of whether they transgress fundamental freedoms protected by the constitution. Both approaches have been tried in Canada with respect to sex work legislation. 

The last judicial review ocurred in 1990, and was lost in an interesting split of the Supreme Court along gender lines. It nearly succceeded however. It passed the first test, in that of two sections of the Criminal Code that were being challenged, the majority of the court held that;

Section 195.1(1)(c) of the Code is inconsistent with s. 2(b of the Charter but is justifiable under s. 1 of the Charter

Section 195.11(1)(c), as it was then, dates from 1972 and prohibits solicitation in public. Specifically it states that;

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