Some thoughts and clarifications;
The case would have to go to three courts, Superior Court of Justice, Ontario Court of Appeal, finally Supreme Court of Canada (there is a high probability that the Supremes will decline to hear the case)
At this point the key is the judge. I did not look at today’s list so I don’t know who is assigned to the case. But so much turns on who is assigned it cannot be emphasized enough. That is the reality of court.
Alan Young is not a trial lawyer. He is an academic. He started off quite promising, clerking at the Supreme Court of Canada and then went straight to teaching. He has a bad habit of treating the court with the intellectual disdain he shows his students, not a good strategy. He is only before judges once every couple of years as opposed to a real trial lawyer that is in the fray on a daily basis. He is very smart, and will be well prepared, but only on what he believes the issues to be, he is blind to other opinion and does not adjust his courtroom strategy to adapt to new argument. He is doing the case pro bono, but is collecting a six figure paycheque for being a law professor.
The majority of Canadians are against prostitution. Yes, I know, it is legal blah blah, blah. But a great many Canadians would like to see it made completely illegal without ambiguity. While that is a political argument best dealt with in the commons it is also the weakness to the Bedford case. They are attempting to introduce evidence of the current morals of the community. A difficult hurdle and not necessarily the best approach. Similarly arguments regarding safety are not the best (simply do not partake of the risky behaviour). This is not necessarily my opinion but it is a fair bet that this will be some of the argument put forward by the Crown and strongly considered by the judge. A simple dismissive of “that’s ridiculous” is not enough to turn a judge in your favour.
I suspect there will be little to see in court. The 56 witnesses have supplied affidavits, only a few may be called to testify if any. Then again it could turn into a total dog and pony show lasting weeks.
Kya is very astute in her comment that these are not the best people for a test case. I will say that I have met two of them and know their backgrounds. They are nice people who I would happily break bread with, and I will not make a disparaging comment about them, but they are not the best for this case.
It is also worth noting that a recent case in British Columbia, very similar to this completely failed.
On the other hand, you get the right judge on the right day and literally anything is possible. It is a safe be that regardless of the outcome the loser will appeal the case and it will be another two years before the Ontario court of Appeal gets into it. At that time it will again turn on who is selected for what would probably be a three judge panel (could go to five but highly unlikely). Do not expect any changes for quite a while, and what difference does it make, the Toronto police are only using the bawdy house and avails charges as a pile on for other charges stemming from slavery and underage girls.
I'll be here all week, try the veal and don't forget to tip your waitress.
