The heightened risks for prostitutes were not outweighed by the provision’s objective, which the Court characterized as nuisance-related, namely “to combat neighborhood disruption or disorder and to safeguard public health and safety”.
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The Court suspended the declaration of invalidity for 12 months “considering all the interests at stake” and recognizing that “how prostitution is regulated is a matter of great public concern, and few countries leave it entirely unregulated.” Footnote 2The declaration of invalidity would have taken effect on December 20, 2014, if Parliament had not enacted Bill C-36.
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#Download game 18+ prostitution code
In Bedford, the Supreme Court of Canada declared unconstitutional three Criminal Code offences addressing prostitution-related conduct on the basis that they violated section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”). This paper provides an overview of the Supreme Court of Canada’s findings in its December 20, 2013 Bedford decision and explains the basis for the Government’s legislative response: Bill C-36, the Protection of Communities and Exploited Persons Act, which received Royal Assent on November 6, 2014 (S.C. 2014, c.25). Technical Paper: Bill C-36, Protection of Communities and Exploited Persons Act