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34788

Attorney General of Canada, et al. v. Terri Jean Bedford, et al.

(Ontario) (Criminal) (By Leave)

(Sealing order)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-02-06 Record returned to, Trial Court (22 Boxes)
2014-02-06 Record returned to the Registrar of the Court of Appeal, 1 Box
2014-02-03 Correspondence received from, Bill Merryweather re: Refusal for alternative access to lock-up Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2014-02-03 Appeal closed
2014-01-17 Correspondence (sent by the Court) to, The judgment rendered on December 20, 2013, is amended as follows:
The appeals from the judgment of the Court of Appeal for Ontario, Numbers C52799 and C52814, 2012 ONCA 186, dated March 26, 2012, heard on June 13, 2013, are dismissed and the cross-appeal is allowed. Section 210, as it relates to prostitution, and sections 212(1)(j) and 213(1)(c) of the Criminal Code, R.S.C. 1985, c. C-46, are declared to be inconsistent with the Canadian Charter of Rights and Freedoms and are void. The word “prostitution” is struck from the definition of “common bawdy house” in section 197(1) of the Criminal Code as it applies to section 210 only. The declaration of invalidity is suspended for one year, effective December 20, 2013.
The reasons for judgment are amended accordingly.
2014-01-10 Correspondence received from, (Letter Form), Attorney General of Canada requesting clarification concerning the judgment on behalf of appellants and respondents. Attorney General of Canada
2013-12-30 Appeal closed
2013-12-23 Formal judgment sent to the registrar of the court of appeal and all parties
2013-12-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-12-20 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeals from the judgment of the Court of Appeal for Ontario, Numbers C52799 and C52814, 2012 ONCA 186, dated March 26, 2012, heard on June 13, 2013, are dismissed and the cross-appeal is allowed. Sections 210, 212(1)(j) and 213(1)(c) of the Criminal Code, R.S.C. 1985, c. C-46, are declared to be inconsistent with the Canadian Charter of Rights and Freedoms and are void. The declaration of invalidity is suspended for one year.
Dismissed
2013-12-20 Judgment on the cross-appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa
Allowed
2013-12-16 Correspondence received from, HALCO, regarding media lock-up. Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-12-16 Correspondence received from, PIVOT, dated 2013-12-13 regarding media lock up. Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-07-11 Media lock-up request accepted
2013-07-09 Media lock-up consent form received from Attorney General of Ontario
2013-07-03 Media lock-up consent form received from Terri Jean Bedford
2013-07-03 Media lock-up consent form received from Attorney General of Canada
2013-06-27 Transcript received, (253 pages)
2013-06-25 Media lock-up letter, consent form and undertaking sample sent to all parties
2013-06-19 Media lock-up requested or proposed
2013-06-13 Judgment reserved OR rendered with reasons to follow
2013-06-13 Intervener's condensed book, Submitted in Court (14 copies) Evangelical Fellowship of Canada
2013-06-13 Intervener's condensed book, Submitted in Court (14 copies) David Asper Centre for Constitutional Rights
2013-06-13 Intervener's condensed book, Submitted in Court (14 copies) Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada
2013-06-13 Intervener's condensed book, Submitted in Court (14 copies) Institut Simone de Beauvoir
2013-06-13 Intervener's condensed book, Submitted in Court (14 copies) Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-06-13 Respondent's condensed book, Submitted in Court - 2 volumes (14 copies) Terri Jean Bedford
2013-06-13 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Ontario
2013-06-13 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2013-06-13 Acknowledgement and consent for video taping of proceedings, From all parties
2013-06-13 Hearing of the appeal, 2013-06-13, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-06-13 Decision on motion to strike out, CJ LeB F Abe Ro Cro Mo Ka Wa
Dismissed
2013-06-11 Correspondence received from, Jonathan Shime by fax, re: response to the letter of Megan Stephens dated June 11, 2013 (submitted to the Court June 12/13) Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-06-11 Response to motion to strike out, (Letter Form), from Megan Stephens by e-mail (submitted to the Court June 11/13), Completed on: 2013-06-11 Attorney General of Ontario
2013-06-06 Submission of motion to strike out, to the Court, CJ LeB F Abe Ro Cro Mo Ka Wa
2013-06-06 Supplemental document, CD that includes materials filed at the SCC and the courts below accompanied by a letter (Submitted to the Court on June 6, 2013), Completed on: 2013-06-06 Attorney General of Canada
2013-06-06 Correspondence received from, Daniel Sheppard dated June 6/13 re other interveners (submitted to the Court June 6/13) Terri Jean Bedford
2013-06-06 Correspondence received from, Michael Morris dated June 5, 2013. Re: Amend pages 6, 8 and 48 in the factum of the respondent on cross-appeal (Submitted to the Court on June 6, 2013) Attorney General of Canada
2013-06-05 Response to motion to strike out, (Letter Form), from Michael H. Morris dated June 5/13 (submitted to the Court June 6/13), Completed on: 2013-06-05 Attorney General of Canada
2013-06-05 Correspondence received from, 4 reserved seats requested Evangelical Fellowship of Canada
2013-06-05 Correspondence received from, 2 reserved seats requested Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada
2013-06-05 Correspondence received from, 3 reserved seats requested British Columbia Civil Liberties Association
2013-06-05 Order by, Wa, FURTHER TO THE ORDER dated April 30, 2013, granting leave to intervene to the Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society, the Secretariat of the Joint United Nations Programme on HIV/AIDS, the British Columbia Civil Liberties Association, the Evangelical Fellowship of Canada, the Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario , the Canadian Association of Sexual Assault Centres, Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies, Action ontarienne contre la violence faite aux femmes, Concertation des luttes contre l'exploitation sexuelle, Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel and Vancouver Rape Relief Society, the Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada, the David Asper Centre for Constitutional Rights, the Institut Simone de Beauvoir, the AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution and the Aboriginal Legal Services of Toronto Inc.;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal except for the Secretariat of the Joint United Nations Programme on HIV/AIDS, which has withdrawn its request to present oral argument
Granted
2013-06-05 Response to motion to strike out, (Book Form), (submitted to the Court June 6/13), Completed on: 2013-06-06 Evangelical Fellowship of Canada
2013-06-04 Notice of appearance, Brent Olthuis, Megan Vis-Dunbar and Michael Sobkin will be present at the hearing. British Columbia Civil Liberties Association
2013-06-04 Correspondence received from, 3 reserved seats requested AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution
2013-06-04 Notice of appearance, Robert Staley, Ranjan Agarwal, Amanda McLachlan and Russell Browne will be present at the hearing. Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada
2013-06-04 Notice of appearance, Gwendoline Allison will be present at the hearing. AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution
2013-06-04 Notice of appearance, Jonathan Shime, Renee Lang and Megan Schwartzentruber will be present at the hearing Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-06-03 Notice of appearance, Georgialee Lang, Donald Hutchinson and Faye Sonier will be present at the hearing. Evangelical Fellowship of Canada
2013-06-03 Correspondence received from, 4 reserved seats requested Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-06-03 Motion to strike out, (Book Form), paragraphs 22 to 29 of the factum of the intervener Evangelical Fellowship of Canada and tabs 7,10,11,13, 14,18 and 20 of their book of Authorities (submitted to the Court June 6/13), Completed on: 2013-06-03 Terri Jean Bedford
2013-06-03 Correspondence received from, 1 reserved seat requested Institut Simone de Beauvoir
2013-06-03 Notice of appearance, Walid Hijazi will be present at the hearing. Institut Simone de Beauvoir
2013-06-03 Correspondence received from, Walid Hizaji dated June 3/13 re request 10 min. of oral argument Institut Simone de Beauvoir
2013-06-03 Notice of appearance, Janine Benedet and Fay Faraday will be present at the hearing. Canadian Association of Sexual Assault Centres
2013-06-03 Notice of appearance, Christa Big Canoe and Emily Hill will be present at the hearing Aboriginal Legal Services of Toronto Inc.
2013-06-03 Correspondence received from, Michael Morris dated May 31, 2013. Re: Minor errors in the footnote Attorney General of Canada
2013-05-31 Notice of appearance, No one will be appearing at the hearing. Secretariat of the Joint United Nations Programme on HIV/AIDS
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 Evangelical Fellowship of Canada
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Evangelical Fellowship of Canada
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 David Asper Centre for Constitutional Rights
2013-05-30 Intervener's factum, Completed on: 2013-05-30 David Asper Centre for Constitutional Rights
2013-05-30 Respondent's book of authorities - cross appeal, (Book Form), Completed on: 2013-05-30 Attorney General of Ontario
2013-05-30 Respondent's factum - cross appeal, Completed on: 2013-05-30 Attorney General of Ontario
2013-05-30 Intervener's book of authorities, (2 volumes), Completed on: 2013-05-30 Secretariat of the Joint United Nations Programme on HIV/AIDS
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Secretariat of the Joint United Nations Programme on HIV/AIDS
2013-05-30 Intervener's book of authorities, (Book Form), Completed on: 2013-05-30 Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-05-30 Intervener's factum, (Book Form), Completed on: 2013-05-30 Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 Aboriginal Legal Services of Toronto Inc.
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Aboriginal Legal Services of Toronto Inc.
2013-05-30 Intervener's book of authorities, (Book Form), Completed on: 2013-05-30 Canadian Association of Sexual Assault Centres
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Canadian Association of Sexual Assault Centres
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-05-30 Respondent's book of authorities - cross appeal, Completed on: 2013-05-30 Attorney General of Canada
2013-05-30 Respondent's factum - cross appeal, Amended factum filed on June 6, 2013, Completed on: 2013-05-30 Attorney General of Canada
2013-05-30 Notice of appearance, Michael Morris, Nancy Dennison and Gail Sinclair will be present at the hearing. Attorney General of Canada
2013-05-30 Correspondence received from, 4 reserved seats requested Attorney General of Canada
2013-05-30 Notice of appearance, Jamie Klukach, Christine Bartlett-Hughes and Megan Stephens will be present at the hearing. Attorney General of Ontario
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 Attorney General of Quebec
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Attorney General of Quebec
2013-05-30 Intervener's book of authorities, (2 volumes), Completed on: 2013-05-30 Institut Simone de Beauvoir
2013-05-30 Intervener's factum, Completed on: 2013-05-30 Institut Simone de Beauvoir
2013-05-30 Intervener's book of authorities, Completed on: 2013-05-30 British Columbia Civil Liberties Association
2013-05-30 Intervener's factum, Completed on: 2013-05-30 British Columbia Civil Liberties Association
2013-05-29 Intervener's book of authorities, Completed on: 2013-05-29 AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution
2013-05-29 Intervener's factum, Completed on: 2013-05-29 AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution
2013-05-29 Notice of appearance, Marlys A. Edwardh, Daniel Sheppard and Alan N. Young will be present at the hearing. Ms. Edwardh and Professor Young will make oral submissions. Terri Jean Bedford
2013-05-29 Notice of appearance, Katrina Pacey, Elin Sigurdson, Lisa Glowacki and Kathleen Kinch will be present at the hearing. Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-05-28 Correspondence received from, Christa Big Canoe dated May 27, 2013. Re: Charles McDonald will be acting as agent Aboriginal Legal Services of Toronto Inc.
2013-05-27 Correspondence received from, 4 reserved seats requested David Asper Centre for Constitutional Rights
2013-05-27 Notice of appearance, Cheryl Milne and Joseph Arvay will be present at the hearing. David Asper Centre for Constitutional Rights
2013-05-21 Correspondence received from, 8 reserved seats requested if granted Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-05-14 Correspondence received from, Fiona Campbell dated May 14/13 re: request for 8 reserved seats Terri Jean Bedford
2013-05-14 Notice of appearance, Sylvain Leboeuf and Julie Dassylva will be present at the hearing. Sylvain Leboeuf will present oral submissions. Attorney General of Quebec
2013-05-09 Correspondence received from, Frédérick Langlois re: notice of agent Institut Simone de Beauvoir
2013-05-08 Notice of withdrawal Attorney General of British Columbia
2013-05-03 Appeal perfected for hearing
2013-05-02 Respondent's book of authorities, Joint, Completed on: 2013-05-02 Terri Jean Bedford
2013-05-02 Respondent's factum, Joint, Completed on: 2013-05-02 Terri Jean Bedford
2013-05-02 Correspondence received from, 7 reserved seats requested Canadian Association of Sexual Assault Centres
2013-04-30 Order on motion for leave to intervene, (by WAGNER J.)
2013-04-30 Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by the Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society, the Secretariat of the Joint United Nations Programme on HIV/AIDS, the British Columbia Civil Liberties Association, the Evangelical Fellowship of Canada, the Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario, the Canadian Association of Sexual Assault Centres, Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies, Action ontarienne contre la violence faite aux femmes, Concertation des luttes contre l'exploitation sexuelle, Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel and Vancouver Rape Relief Society, the Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's, Toronto Sex Workers' Action Project and Stella, l'amie de Maimie, the Feminist Coalition, the Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada, the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the Institut Simone de Beauvoir, the Scarlet Alliance-Australian Sex Workers Association, New Zeland Prostitutes Collective Trust and Rosea-Riksorganisationen För Sex & Erotikarbetare, the AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution and the Aboriginal Legal Services of Toronto Inc. for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by the Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society, the Secretariat of the Joint United Nations Programme on HIV/AIDS, the British Columbia Civil Liberties Association, the Evangelical Fellowship of Canada, the Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario , the Canadian Association of Sexual Assault Centres, Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies, Action ontarienne contre la violence faite aux femmes, Concertation des luttes contre l'exploitation sexuelle, Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel and Vancouver Rape Relief Society, the Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada, the David Asper Centre for Constitutional Rights, the Institut Simone de Beauvoir, the AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution and the Aboriginal Legal Services of Toronto Inc. are granted and the said eleven groups of interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before May 30, 2013.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
AND IT IS HEREBY FURTHER ORDERED THAT: the motions for leave to intervene of the Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's, Toronto Sex Workers' Action Project and Stella, l'amie de Maimie, the Feminist Coalition, the Canadian Civil Liberties Association and the Scarlet Alliance-Australian Sex Workers Association, New Zeland Prostitutes Collective Trust and Rosea-Riksorganisationen För Sex & Erotikarbetare are dismissed
Allowed in part
2013-04-30 Submission of motion for leave to intervene, Wa
2013-04-26 Correspondence received from, Michael Morris dated April 25, 2013. Re: Corrections to pages 4, 7, 8 & 12 of the appellant's factum (Sent to the Court on April 29, 2013) Attorney General of Canada
2013-04-25 Order by, Ro, IT IS HEREBY ORDERED THAT:
Any attorneys general intervening on constitutional questions shall serve and file their factum and book of authorities no later than May 30, 2013.
IT IS HEREBY FURTHER ORDERED THAT:
The date of the hearing for this appeal has been re-scheduled to June 13, 2013.
Granted
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Monique Pongracic-Speier dated Apr. 23/13, Completed on: 2013-04-23 Scarlet Alliance-Australian Sex Workers Association, New Zeland Prostitutes Collective Trust and Rosea-Riksorganisationen För Sex & Erotikarbetare
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Katrina Pacey dated Apr. 23/13, Completed on: 2013-04-23 Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Richard Elliott dated Apr. 22/13 (original rec'd Apr. 30/13), Completed on: 2013-04-23 Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Marie Henein dated Apr. 23/13 (original rec'd Apr. 23/13), Completed on: 2013-04-23 Feminist Coalition
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Linda R. Rothstein dated Apr. 23/13, Completed on: 2013-04-23 Canadian Civil Liberties Association
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Cynthia Peterson dated Apr. 23/13 (original rec'd Apr. 26/13), Completed on: 2013-04-23 Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's, Toronto Sex Workers' Action Project and Stella, l'amie de Maimie
2013-04-23 Reply to the motion for leave to intervene, (Letter Form), from Walid Hijazi dated Apr. 22/13, Completed on: 2013-04-23 Institut Simone de Beauvoir
2013-04-22 Reply to the motion for leave to intervene, email from Borden dated Apr. 22/13 re will not be filing a reply, Completed on: 2013-04-22 Canadian Association of Sexual Assault Centres
2013-04-19 Reply to the motion for leave to intervene, (Letter Form), from Martha A. Healey dated Apr. 19/13, Completed on: 2013-04-19 David Asper Centre for Constitutional Rights
2013-04-18 Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated Apr. 18/13 (by all interveners) (original rec'd Apr. 22/13), Completed on: 2013-04-18 Attorney General of Canada
2013-04-18 Response to the motion for leave to intervene, (Letter Form), from Jamie Klukach dated Apr. 18/13 (by all interveners), Completed on: 2013-04-18 Attorney General of Ontario
2013-04-17 Response to the motion for leave to intervene, (Letter Form), from Daniel Sheppard dated Apr. 17/13, Completed on: 2013-04-17 Terri Jean Bedford
2013-04-15 Correspondence received from, Marie-France Major dated April 15, 2013. Re: Correction to law firm Feminist Coalition
2013-04-11 Motion for leave to intervene, (Book Form), Completed on: 2013-04-11 Aboriginal Legal Services of Toronto Inc.
2013-04-11 Motion for leave to intervene, (Book Form), Completed on: 2013-04-11 AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution
2013-04-11 Motion for leave to intervene, (Book Form), Completed on: 2013-04-11 Scarlet Alliance-Australian Sex Workers Association, New Zeland Prostitutes Collective Trust and Rosea-Riksorganisationen För Sex & Erotikarbetare
2013-04-11 Motion for leave to intervene, Completed on: 2013-04-12 Institut Simone de Beauvoir
2013-04-11 Motion for leave to intervene, (Book Form), Completed on: 2013-04-11 David Asper Centre for Constitutional Rights
2013-04-11 Motion for leave to intervene, (Book Form), Completed on: 2013-04-11 Canadian Civil Liberties Association
2013-04-11 Motion for leave to intervene, (Book Form), Completed on: 2013-04-11 Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada
2013-04-10 Correspondence received from, Christine Mainville dated Apr. 10/13 re publication ban in the motion for intervention Feminist Coalition
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Feminist Coalition
2013-04-10 Motion for leave to intervene, (Book Form), Vol. I & II, Completed on: 2013-04-10 Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's, Toronto Sex Workers' Action Project and Stella, l'amie de Maimie
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Canadian Association of Sexual Assault Centres
2013-04-10 Correspondence received from, Michael Morris by fax, re: electronic appeal record Attorney General of Canada
2013-04-09 Motion for leave to intervene, Completed on: 2013-04-09 Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario
2013-04-09 Motion for leave to intervene, Completed on: 2013-04-09 Evangelical Fellowship of Canada
2013-04-09 Motion for leave to intervene, (Book Form), Completed on: 2013-04-09 British Columbia Civil Liberties Association
2013-04-05 Motion for leave to intervene, (Book Form), Completed on: 2013-04-05 Secretariat of the Joint United Nations Programme on HIV/AIDS
2013-04-04 Correspondence received from, Michael H. Morris by fax, re: joint request of all parties for additional time to present oral argument Attorney General of Canada
2013-04-02 Motion for leave to intervene, (Book Form), Completed on: 2013-04-02 Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society
2013-04-02 Correspondence received from, Pierre Landry dated April 2, 2013. Re: Julie Dassylva will be acting co-counsel with Mr. Leboeuf Attorney General of Quebec
2013-03-22 Appellant's book of authorities, (2 volumes), Completed on: 2013-03-22 Attorney General of Ontario
2013-03-21 Appellant's factum, Completed on: 2013-03-21 Attorney General of Ontario
2013-03-13 Notice of hearing sent to parties
2013-03-07 Appellant's book of authorities, Completed on: 2013-03-07 Attorney General of Canada
2013-03-07 Appellant's record, (5 volumes) - 9 SEALED envelopes containing undertaking of Dr. Farley rec'd Mar. 14/13 + CD, Completed on: 2013-03-07 Attorney General of Canada
2013-03-07 Appellant's factum, Completed on: 2013-03-07 Attorney General of Canada
2013-03-07 Appeal hearing scheduled, 2013-06-13, Early start 9:00 a.m. (Previously scheduled for June 12, 2013)
Judgment reserved
2013-02-12 Trial court record, 23 boxes filed
2013-02-08 Appeal court record, (Book Form), 1 boxe rec'd from the CA
2013-02-04 Notice of intervention respecting a constitutional question Attorney General of Quebec
2013-01-30 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2013-01-29 Order issued on motion for a stay of execution
2013-01-29 Decision on the motion for a stay of execution, Ka, The motion is granted and the decision of the Court of Appeal for Ontario to strike the word “prostitution” from the definition of “common bawdy-house” in section 197(1) of the Criminal Code as it applies to section 210 of the Criminal Code is stayed until judgment in the appeal is rendered by this Court unless otherwise ordered by the panel hearing the appeal.
Granted
2013-01-29 Submission of motion for a stay of execution, Ka
2013-01-24 Reply to motion for a stay of execution, (Book Form), Completed on: 2013-01-24 Attorney General of Canada
2013-01-23 Response to the motion for a stay of execution, (Letter Form), from Jamie Klukach dated Jan. 23/13, Completed on: 2013-01-23 Attorney General of Ontario
2013-01-17 Response to the motion for a stay of execution, (Book Form), Completed on: 2013-01-17 Terri Jean Bedford
2012-12-24 Appellant's book of authorities, (Book Form), in support of the motion to stay, Completed on: 2012-12-24 Attorney General of Canada
2012-12-24 Motion for a stay of execution, (Book Form), Completed on: 2012-12-24 Attorney General of Canada
2012-12-19 Notice of constitutional question(s) Attorney General of Canada
2012-12-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-12-17 Order on motion to directions, (BY THE CHIEF JUSTICE)
2012-12-17 Decision on motion for directions, CJ, AND UPON APPLICATION by the appellant, the Attorney General of Canada, for an order respecting factum lengths and filing dates;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The schedule for serving and filing material is set as follows:
a. The Attorney General of Canada shall serve and file a factum, not exceeding 50 pages (Parts I to V), to address issues on the appeal no later than March 7, 2013;
b. The Attorney General of Canada may serve and file a respondent’s factum on cross-appeal, which may not exceed 10 pages (Parts I to V), to address issues on the cross-appeal no later than May 30, 2013;
c. The Attorney General of Ontario shall serve and file the appellant's factum no later than March 21, 2013. The Attorney General of Ontario shall serve and file a respondent's factum on the cross-appeal no later than May 30, 2013;
d. The Attorney General of Ontario may serve and file an appellant’s factum of 40-50 pages (Parts I to V) and a respondent’s factum on cross-appeal of 10-20 pages (Parts I to V) but may not exceed the combined page allowance of 60 pages for these two facta, as provided for under the Rules;
e. Any application for leave to intervene to be served and filed no later than April 11, 2013;
f. The responses to any application for leave to intervene to be served and filed no later than April 18, 2013;
g. The replies on any application for leave to intervene to be served and filed no later than April 23, 2013;
h. The respondents shall jointly serve and file their factum on the appeal and the cross-appeal no later than May 2, 2013. The factum shall not exceed 60 pages as provided for under the Rules;
i. The intervener’s factums to be served and filed in accordance with the date set in the order granting leave to intervene; and,
j. The appeal is to be heard on June 12, 2013.
The preparation of the appellants’ materials is as follows:
1. That the appellants may jointly serve and file an appellants’ Record;
2. That Parts IV and V of the appellants’ Record may contain all documents filed in the court appealed from;
3. That the appellants shall arrange, pursuant to section 63 of the Supreme Court Act, for the transmission to the Registrar, of
a. the printed version of the following documents filed in the court appealed from: the 86-volume Joint Application Record (containing page numbering from 1 to 26396), the two volume Supplementary Joint Application Record (containing page numbering from 26397 to 26957), the Appeal Book (containing page number from AB1 to AB268), and the factums and books of authorities filed in the courts below; and
b. the electronic version of the documents filed on a disc in the court appealed from, which was prepared in accordance with the Rule 21(1) and the Guidelines for Preparing Documents in relation to such features as bookmarks and optical character recognition;
4. That the appellants shall serve and file the documents in Parts I to III of their Record by printing, but printing of the documents in Parts IV and V is dispensed with, and the appellants may serve and file those documents in electronic form only;
5. That, notwithstanding the previous paragraph, the appellants may serve and file a printed version only, and not an electronic version, of the following documents: the affidavits and transcripts of cross-examinations of certain affiants, namely, the evidence of those women currently or formerly engaged in prostitution that had not been previously included in the electronic version of the record found at pages 9448 to 9753 of the Joint Application Record filed in the court appealed from. These affidavits are subject to the Order of the Honourable Mr. Justice C.L. Campbell, dated December 12, 2007 allowing them to be served and filed on an anonymized basis. These affidavits were made subject to personal undertakings of all counsel that this evidence not be electronically distributed and they were not made part of the electronic record.
6. That the page numbers in Parts I to III of the appellants’ Record may be preceded by the letters “A.R.” to distinguish from the existing numbering on the documents in Parts IV to V of the appellants’ Record; and
7. That the documents in Parts IV and V of the appellants’ Record may retain the page numbering and format as they were filed in the court below.
Allowed in part, no order as to costs
2012-12-17 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2012-12-17 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant, the Attorney General of Canada, for an order stating constitutional questions in the above appeal and cross-appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The constitutional questions are stated as follows:
1. Does s. 210 of the Criminal Code, R.S.C. 1985, c. C-46, as it relates to common bawdy-houses kept or occupied or resorted to for the purpose of prostitution, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Does section 212(1)(j) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
5. Does section 213(1)(c) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
7. Does section 213(1)(c) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms?
8. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted, no order as to costs
2012-12-07 Submission of motion for directions, CJ
2012-12-07 Submission of motion to state a constitutional question, CJ
2012-11-29 General proceeding, Form 25 B Attorney General of Canada
2012-11-26 Response to motion for directions, Completed on: 2012-11-26 Terri Jean Bedford
2012-11-26 Motion for directions, (Book Form), Completed on: 2012-11-26 Attorney General of Canada
2012-11-26 Response to the motion to state a constitutional question, (included in motion), Completed on: 2012-11-26 Terri Jean Bedford
2012-11-26 Motion to state a constitutional question, (Book Form), Completed on: 2012-11-26 Attorney General of Canada
2012-11-26 Notice of appeal, Completed on: 2012-11-26 Attorney General of Ontario
2012-11-26 General proceeding, Form 25B Attorney General of Ontario
2012-11-26 Notice of appeal, Completed on: 2012-11-26 Attorney General of Canada
2012-10-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-10-26 Judgment on leave sent to the parties
2012-10-25 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal and for leave to cross-appeal from the judgment of the Court of Appeal for Ontario, Numbers C52799 and C52814, 2012 ONCA 186, dated March 26, 2012, are granted without costs. The motion to stay the decision of the Court of Appeal until judgment is rendered in the appeal and cross-appeal is granted.
Granted, without costs
2012-10-25 Judgment of the Court on the application for leave to cross-appeal
Granted, without costs
2012-10-25 Decision on the motion for a stay of execution, (see above judgment)
Granted
2012-08-20 All material on the application for leave to cross-appeal submitted to the Judges, LeB Abe Cro
2012-08-20 Submission of motion for a stay of execution, (see order dated May 22, 2012), LeB Abe Cro
2012-08-20 All materials on application for leave submitted to the Judges, LeB Abe Cro
2012-07-26 Book of authorities Attorney General of Canada
2012-07-26 Memorandum of argument in response to the cross-appeal, CD received, Completed on: 2012-07-26 Attorney General of Canada
2012-07-18 Memorandum of argument in response to the cross-appeal, Completed on: 2012-07-18 Attorney General of Ontario
2012-06-25 Book of authorities Terri Jean Bedford
2012-06-25 Application for leave to cross-appeal, (Rule 29 (3)) Included in Respondent's response, Completed on: 2012-06-25 Terri Jean Bedford
2012-06-25 Respondent's response on the application for leave to appeal, (Vol. 1 and 2) - Cross-Appeal included, Completed on: 2012-06-25 Terri Jean Bedford
2012-06-25 Correspondence received from, Sack Goldblatt rec'd by fax re: list of counsel representing the respondents Valerie Scott
2012-05-28 Letter acknowledging receipt of a complete application for leave to appeal
2012-05-28 Letter acknowledging receipt of a complete application for leave to appeal
2012-05-25 Correspondence received from, Proof of service on the Interveners Attorney General of Canada
2012-05-25 Application for leave to appeal, 2nd APPLICATION - fees missing - rec'd May 28, 2012, Completed on: 2012-05-28 Attorney General of Ontario
2012-05-25 Book of authorities, (Vol. III) Attorney General of Canada
2012-05-25 Application for leave to appeal, (Vol. 1 and II) 1st APPLICATION, Completed on: 2012-05-25 Attorney General of Canada
2012-05-22 Order issued on motion for a stay of execution, (BY KARAKATSANIS J.)
2012-05-22 Decision on the motion for a stay of execution, UPON APPLICATION by the Applicant, the Attorney General of Canada, for an interim order extending the 30-day stay of the decision of the Court of Appeal for Ontario to read in words of limitation into s. 212(1)(j) of the Criminal Code;
AND FURTHER TO MY ORDER OF APRIL 25, 2012;
AND HAVING READ THE MATERIAL FILED;
IT IS HEREBY ORDERED THAT this motion is referred to the judges to whom the application for leave to appeal is submitted. The interim stay is extended until the panel decides the motion
Referred
2012-05-17 Correspondence received, From Sack Goldblatt Mitchell LLP dated May 16, 2012. Re: Correct information for counsel for the Prostitutes of Ottawa/Gatineau
2012-05-11 Reply to motion for a stay of execution, (bookform), Completed on: 2012-05-11 Attorney General of Canada
2012-05-04 Book of authorities, on stay (3 add. copies rec'd May 24/12) Terri Jean Bedford
2012-05-04 Response to the motion for a stay of execution, (bookform) (3 add. copies rec'd May 24/12), Completed on: 2012-05-04 Terri Jean Bedford
2012-04-26 Decision on the motion for a stay of execution, UPON APPLICATION by the Applicant, the Attorney General of Canada, for an interim order extending the 30-day stay of the decision of the Court of Appeal for Ontario to read in words of limitation into s. 212(1)(j) of the Criminal Code;
AND FURTHER TO MY ORDER OF APRIL 25, 2012;
AND HAVING READ THE MATERIAL FILED;
I am satisfied that it is in the public interest to grant an interim stay in order to maintain the status quo for the relatively short period of time until the motion for a stay is finally disposed of.
THEREFORE IT IS HEREBY ORDERED THAT an interim stay is granted
Granted
2012-04-26 Correspondence received, from Mr. Klukach counsel for the AGON advising the Court that they will file an application for leave to appeal and the they supports the AGC on the motion for stay (cc to all parties)
2012-04-26 Response to the motion for a stay of execution, Completed on: 2012-04-26 Terri Jean Bedford
2012-04-26 Correspondence received from, Mr. Sheppard rec' d by fax re: filing of the response to the motion Terri Jean Bedford
2012-04-25 Decision on the motion for a stay of execution, UPON APPLICATION by the Applicant, the Attorney General of Canada, for an interim-interim order extending the 30-day stay of the decision of the Court of Appeal for Ontario to read in words of limitation into s. 212(1)(j) of the Criminal Code, to last until the Respondents have filed their response to the Applicant’s request for an interim order and this Court has issued a Ruling with respect to that interim Order;
IT IS HEREBY ORDERED that the motion is granted
Granted
2012-04-25 Correspondence received from, Michael Morris by email dated Apr. 25/12 re draft order and counsel's consent to interim-interim order Attorney General of Canada
2012-04-25 Submission of motion for a stay of execution, Ka
2012-04-25 Correspondence received from, Mr. Morris by e-mail re: Mr. Young agrees to an interim order, consent to follow Attorney General of Canada
2012-04-25 Letter acknowledging receipt of a notice of application for leave to appeal
2012-04-25 Correspondence received from, Mr. Young by fax re: will file a response to the request for the interim relief before noon April 26/12 (c.c. to all parties) Terri Jean Bedford
2012-04-25 Book of authorities, in support of Motion to Stay (3 add. copies rec'd May 25/12) Attorney General of Canada
2012-04-25 Correspondence received from, Mr. Rupar re: urgency of motion Attorney General of Canada
2012-04-25 Motion for a stay of execution, Vol. 1 and 2 - requesting interim order and order extending 30-day stay (3 add. copies rec'd May 25/12), Completed on: 2012-04-25 Attorney General of Canada
2012-04-25 Notice of application for leave to appeal, Lower Court Judgment included at part 4 of the Motion to Stay, Completed on: 2012-04-26 Attorney General of Canada

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Attorney General of Canada Appellant / Respondent on cross-appeal Active

v.

Main parties - Respondents
Name Role Status
Bedford, Terri Jean Respondent / Appellant on cross-appeal Active
Lebovitch, Amy Respondent / Appellant on cross-appeal Active
Scott, Valerie Respondent / Appellant on cross-appeal Active

And Between

Sub parties (1) - Appellants
Name Role Status
Attorney General of Ontario Appellant / Respondent on cross-appeal Active

v.

Sub parties (1) - Respondents
Name Role Status
Bedford, Terri Jean Respondent / Appellant on cross-appeal Active
Lebovitch, Amy Respondent / Appellant on cross-appeal Active
Scott, Valerie Respondent / Appellant on cross-appeal Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society Intervener Active
Secretariat of the Joint United Nations Programme on HIV/AIDS Intervener Active
British Columbia Civil Liberties Association Intervener Active
Evangelical Fellowship of Canada Intervener Active
Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario Intervener Active
Canadian Association of Sexual Assault Centres Intervener Active
Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies, Action ontarienne contre la violence faite aux femmes, Concertation des luttes contre l'exploitation sexuelle Intervener Active
Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel and Vancouver Rape Relief Society Intervener Active
Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada Intervener Active
David Asper Centre for Constitutional Rights Intervener Active
Institut Simone de Beauvoir Intervener Active
AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution Intervener Active
Aboriginal Legal Services of Toronto Inc. Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Michael H. Morris
Gail Sinclair
Nancy Dennison
Attorney General of Canada
The Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9704
FAX: (416) 973-0809
Email: michael.morris@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Ontario

Counsel
Jamie C. Klukach
Christine E. Bartlett-Hughes
Megan Stephens
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Bedford, Terri Jean

Counsel
Alan Young
Osgoode Hall Law School of York University
4700 Keele Street
North York, Ontario
M3J 1P3
Telephone: (416) 736-5595
FAX: (416) 736-5736
Email: AYoung@osgoode.yorku.ca
Agent
Fiona Campbell
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com

Party: Lebovitch, Amy

Counsel
Yaron Marzel
Stacey Nichols
Marzel Law
265 Rimrock Road, Suiite 200
Toronto, Ontario
M3J 3C6
Telephone: (416) 485-5800 Ext: 233
FAX: (416) 485-1610
Email: marzel@lernermarzel.com
Agent
Fiona Campbell
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com

Party: Scott, Valerie

Counsel
Marlys A. Edwardh
Daniel Sheppard
Sack Goldblatt Mitchell LLP
1100 - 20 Dundas St. W.
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-4380
FAX: (416) 979-4430
Email: medwardh@sgmlaw.com
Agent
Fiona Campbell
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com

Party: British Columbia Civil Liberties Association

Counsel
Brent B. Olthuis
Megan Vis-Dunbar
Stephanie McHugh
Hunter Litigation Chambers Law Corporation
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bolthuis@litigationchambers.com
Agent
Michael J. Sobkin
90 blvd. de Lucerne
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca

Party: Canadian Association of Sexual Assault Centres

Counsel
Fay Faraday
Janine Benedet
860 Manning Ave.
Toronto, Ontario
M6G 2W8
Telephone: (416) 389-4399
FAX: (647) 776-3147
Email: fay.faraday@faradaylaw.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies, Action ontarienne contre la violence faite aux femmes, Concertation des luttes contre l'exploitation sexuelle

Counsel
Fay Faraday
Janine Benedet
860 Manning Ave.
Toronto, Ontario
M6G 2W8
Telephone: (416) 389-4399
FAX: (647) 776-3147
Email: fay.faraday@faradaylaw.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Regroupement québécois des centres d'aide et de lutte contre les agressions à caractère sexuel and Vancouver Rape Relief Society

Counsel
Fay Faraday
Janine Benedet
860 Manning Ave.
Toronto, Ontario
M6G 2W8
Telephone: (416) 389-4399
FAX: (647) 776-3147
Email: fay.faraday@faradaylaw.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Christian Legal Fellowship, Catholic Civil Rights Leagues and REAL Women of Canada

Counsel
Robert W. Staley
Ranjan K. Agarwal
Amanda McLachlan
Russell Browne
Bennett Jones LLP
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: staleyr@bennettjones.ca
Agent
Sheridan Scott
Bennett Jones LLP
1900 - 45 O'Connor Street
World Exchange Plaza
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2302
FAX: (613) 683-2323
Email: scotts@bennettjones.com

Party: Attorney General of Quebec

Counsel
Sylvain Leboeuf
Julie Dassylva
Procureur général du Québec
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society

Counsel
Katrina Pacey
Elin R.S. Sigurdson
Lisa C. Glowacki
M. Kathleen Kinch
Pivot Legal Society
121 Heatley Avenue
Vancouver, British Columbia
V6A 3E9
Telephone: (604) 255-9700 Ext: 103
FAX: (604) 255-1552
Email: katrina@pivotlegal.org
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Secretariat of the Joint United Nations Programme on HIV/AIDS

Counsel
Michael A. Feder
Tammy Shoranick
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Evangelical Fellowship of Canada

Counsel
Georgialee A. Lang
Donald Hutchinson
Faye Sonier
Evangelical Fellowship of Canada
130 Albert Street
Suite 1810
Ottawa, Ontario
K1P 5G4
Telephone: (613) 233-9868
FAX: (613) 233-0301
Email: glang@georgialeelang.com
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Canadian HIV/AIDS Legal Network, British Columbia Centre for Excellence in HIV/AIDS and HIV & AIDS Legal Clinic Ontario

Counsel
Jonathan A. Shime
Megan Schwartzentruber
Cooper & Sandler
1900-439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372
Email: jshime@criminal-lawyers.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: David Asper Centre for Constitutional Rights

Counsel
Joseph J. Arvay, Q.C.
Cheryl Milne
Arvay Finlay
1320 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Martha A. Healey
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com

Party: Institut Simone de Beauvoir

Counsel
Walid Hijazi
Desrosiers, Joncas, Massicotte
480, boul. St-Laurent, B-503
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
Email: walidhijazi@hotmail.com
Agent
Frédérick Langlois
Deveau, Bourgeois, Gagné, Hébert & associées, sencrl
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca

Party: AWCEP Asian Women for Equality Society, operating as Asian Women Coalition Ending Prostitution

Counsel
Gwendoline Allison
Christine Boyle, Q.C.
Foy Allison Law Group
207 - 2438 Marine Drive
West Vancouver, British Columbia
V7V 1L2
Telephone: (604) 922-9282
FAX: (604) 922-9283
Email: gwendoline.allison@foyallison.com
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Aboriginal Legal Services of Toronto Inc.

Counsel
Christa Big Canoe
Emily Hill
Aboriginal Legal Services of Toronto Inc.
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 225
FAX: (416) 408-4268
Email: canoecd@lao.on.ca
Agent
Charles McDonald
Community Legal Services-Ottawa Carleton
1 Nicholas Street
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008
FAX: (613) 241-8680
Email: mcdonalc@lao.on.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights and Freedoms - Security of the person - Freedom of Expression - Criminal Law - Prostitution - Does s. 210 of the Criminal Code, R.S.C. 1985, c. C 46, as it relates to common bawdy houses kept or occupied or resorted to for the purpose of prostitution, infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Does section 212(1)(j) of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Does section 213(1)(c) of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Does section 213(1)(c) of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

The respondents, former and current sex trade workers, challenged the constitutional validity of s. 210 (keeping common bawdy houses) as it relates to prostitution, s. 212(1)(j) (living off the avails of prostitution), and s. 213(1)(c) (communicating for the purpose of prostitution) of the Criminal Code. The trial judge held that these provisions breach the respondents’ right to security of the person under s. 7 of the Charter of Rights and Freedoms and that s. 213(1)(c) breaches s. 2(b) of the Charter. The Court of Appeal allowed an appeal in part. It held that it was not open to the trial judge to review whether s. 213(1)(c) breaches s. 2(b) of the Charter because that issue was decided in Reference Re ss. 193 and 195.1(1)(c) of the Criminal Code (Man.), [1990] 1 S.C.R. 1123. It held that all three provisions infringe the respondents’ security of the person. It held that s. 213(1)(c) does not violate principles of fundamental justice and should remain in force and effect. It held that s. 210 should be struck and the limiting words “in circumstances of exploitation” should be read into s. 212(1)(j).

Lower court rulings

September 28, 2010
Ontario Superior Court of Justice

07-CV-329807PD1, 2010- ONSC 4264

Declaration ss. 210 as it relates to prostitution, 212(1)(j) and 213(1)(c) violate s. 7 of Charter and s. 213(1)(c) violates s. 2(b), provisions not saved under s. 1, provisions unconstitutional and of no force and effect, decision stayed
March 26, 2012
Court of Appeal for Ontario

2012 ONCA 186, C52799, C52814

Appeal allowed in respect of s. 213(1)(c); declarations s. 210 as it relates to prostitution and 212(1)(j) violate s. 7 of Charter, are not saved under s. 1 and are unconstitutional; word “prostitution” struck from the definition of “common bawdy-house” in s. 197(1) as it applies to s. 210; words “in circumstances of exploitation” read into s. 212(1)(j); declarations suspended for 12 months

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27