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gross disproportionality

Live from the SCC: The Unconstitutionality of Section 95 in R v Nur and R v Charles

On November 7, 2014, the Supreme Court of Canada (“SCC”) heard oral arguments for the case Her Majesty the Queen, et al v Hussein Jama Nur, et al [Nur] and Her Majesty the Queen, et al v Sidney Charles, et al [Charles] regarding the constitutionality of the section 95 Criminal Code, RSC 1985, c C-46 […]

Poking the Bear? SCC Leaves Prostitution in Hands of Parliament, Striking Down Harmful Laws in Bedford

To end its 2013 sessions, the Supreme Court of Canada ("SCC") released its judgment in Canada (Attorney General) v Bedford, [2013] 3 SCR 1101 [Bedford], effectively striking down all of the current laws restricting to autonomous prostitution. I released a preliminary post summarizing the legal basis for the judgment shortly after the decision was released, here. Writing […]

BULLETIN: SCC Releases Landmark Decision in Canada v Bedford, Strikes Down Prostitution Laws

In a surprising turn of events, the Supreme Court of Canada (SCC) released its judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] as its final case before the holiday break, effectively striking down all of the current laws pertaining to autonomous prostitution. Writing for a unanimous court, Chief Justice McLachlin held that […]