All three Provisions determined inconstant with the Charter!!!!
"Held: The appeals should be dismissed and the cross‑appeal allowed. Sections 210, 212(1)(j) and 213(1)(c) of the Criminal Code are declared to be inconsistent with the Charter. The declaration of invalidity should be suspended for one year.
The three impugned provisions, primarily concerned with preventing public nuisance as well as the exploitation of prostitutes, do not pass Charter muster: they infringe the s. 7 rights of prostitutes by depriving them of security of the person in a manner that is not in accordance with the principles of fundamental justice."
Invalidity has been suspended for one year. WHat this means is that everything stays the same for now. Police can still arrest and the courts can prosecute for up to one year. During which time parliament can bring in new provisions as long as they do not offend the Charter and conform tot he principles outlined in the SCC decision.
Here is a link to the decision!
http://scc-csc.lexum.com/decisia-scc...13389/index.do
"Held: The appeals should be dismissed and the cross‑appeal allowed. Sections 210, 212(1)(j) and 213(1)(c) of the Criminal Code are declared to be inconsistent with the Charter. The declaration of invalidity should be suspended for one year.
The three impugned provisions, primarily concerned with preventing public nuisance as well as the exploitation of prostitutes, do not pass Charter muster: they infringe the s. 7 rights of prostitutes by depriving them of security of the person in a manner that is not in accordance with the principles of fundamental justice."
Invalidity has been suspended for one year. WHat this means is that everything stays the same for now. Police can still arrest and the courts can prosecute for up to one year. During which time parliament can bring in new provisions as long as they do not offend the Charter and conform tot he principles outlined in the SCC decision.
Here is a link to the decision!
http://scc-csc.lexum.com/decisia-scc...13389/index.do