Impact Canada (AG) v Bedford

1 impact

1.1 legal , constitutional
1.2 debate
1.3 operation northern spotlight

impact
legal , constitutional

apart subject matter in dispute, bedford extended s.7 in relatively new principles of arbitrariness, overbreadth, , gross disproportionality:

arbitrariness asks whether there direct connection between purpose of law , impugned effect on individual, in sense effect on individual bears relation law’s purpose.
overbreadth deals law broad in scope includes conduct bears no relation purpose. in sense, law arbitrary in part.
arbitrariness , overbreadth, explored in chaoulli v. quebec (attorney general) have been clarified declare effect of law may inconsistent objective, evidence must show there no connection between effect , purpose of law, causing law violate basic norms.
gross disproportionality asks whether law’s effects on life, liberty or security of person grossly disproportionate purposes cannot rationally supported. under s. 7 of charter, not consider beneficial effects of law society — balances negative effect on individual against purpose of law, not against societal benefit might flow law.

in regard, s. 212(1)(j) found overbroad, , s. 210 , s. 213(1)(c) found grossly disproportionate. while rulings of lower courts on first 2 provisions sustained, court found court of appeal s gross disproportionality analysis problematic , , discussion of suggests court treats prostitution not social harm, mere nuisance, may heavily influence approach parliament may take following decision.

bedford builds on court s previous decision in canada (ag) v phs community services society (where drug addiction found illness rather matter of personal choice). mentioning might have rejected claim of positive right vocational safety, court maintained reluctance protect positive rights under s. 7, expressed in cases such gosselin v. quebec (attorney general).

it has been noted bedford opens troubling possibility violations of section 7 may easier justify have ever been. however, carter v canada (ag) has subsequently suggested in [s. 7] situations state may able show public ... justifies depriving individual of life, liberty or security of person under s. 1 of charter. more particularly, in cases such competing societal interests protected under charter, restriction on s. 7 rights may in end found proportionate objective. ontario court of appeal has subsequently held safety regulations under province s highway traffic act had s. 1 justification, expressed discomfort such provisions falling within scope of s. 7.

debate

a panel discussion entitled after bedford v. canada: next regulating sex work in canada? held @ toronto s university college, toronto on january 24, 2014. panellists included brenda cossman, law professor @ university of toronto , head of bonham centre sexual diversity studies, katrina pacey, litigation director of vancouver’s pivot legal society, , kim pate, of canadian association of elizabeth fry societies. participants, included on 100 audience members, discussed legal landscape in aftermath of supreme court decision , cossman expressed concerns on decision, while calling decision smart , courageous :

it casts sex work language of harm. reflects legal arguments made. reflects lower court decisions, focus on how law harms vulnerable at-risk group...but there s nothing in decision sexual morality. there s nothing in decision sexual autonomy. there s nothing in decision decriminalizing prostitution.

pacey spoke of experience speaking sex workers based in vancouver’s downtown east side: worry being caught police move further down road. clients wave them towards dark alley, sex workers can’t make quick assessments safety, if client ‘bad date’, has gun or drunk. they’re telling me want access legislation protects them, criminalization of sex trade stands in way of access.”

in interview cbc news media outlet, published on february 7, 2014, scott expressed serious concerns 12-month time frame government has been given revise laws, sex workers have not been involved in decision-making process , has become known nordic model being considered canadian government, model that, according cossman, created problems canadian sex workers seeking avoid. model s primary feature criminalization of sex worker clients, rather workers themselves. scott explained further, citing new zealand exemplary model:

do not rewrite laws. did not rewrite same sex marriage law, did not rewrite abortion law. know we’re not great huge amount of people — , we’re politically not great cause behind in terms of vote-getting. women doing work should ones able obtain licence. should able rent place , work together. that’s safety is, being in proximity each other.

cossman has expressed concern on consideration of nordic model, constitutional challenges need recommence if adopted. scott stated: means have spend next 10 years massing evidence of robberies, beatings, rapes , murders. how many bodies have pile up?

operation northern spotlight

shortly following decision of supreme court, police of 30 centres across canada, including halifax regional municipality, saint john , edmonton, commenced two-day investigation human trafficking , sexual exploitation named operation northern spotlight. operation, led integrated vice unit in halifax, occurred on january 22 , 23, 2014 , focused on hotel , motel establishments located on major arteries, sex work venues. according global network of sex work projects (nswp), 180 police personnel interviewed 333 women, , identified 25 suspected human traffickers.

according press reports, 1 arrest , 2 suspected human traffickers identified in ontario, police in york arrested , laid charges against male individual , names of 2 alleged human traffickers windsor revealed result of two-day blitz. nswp reported police in peel , durham regions of ontario interviewed 53 women between 16 , 45 years old, , reported: many of women appear making own decisions participate financial gain. part or of proceeds sexual encounters kept adult male controller or pimp. in 2 regions, 9 men arrested , face 83 charges related human trafficking, firearm offences, drug possession , child pornography. in edmonton, police vice unit detective steven horchuk stated police continue focus on clients of prostitution, in particular cases involving exploitive circumstances, no longer press charges related communicating purpose of prostitution due supreme court s decision.