More than 200 legal experts are urging federal government to reconsider C-36.
- Thread starter Fred Zed
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The federal government’s prostitution bill is vulnerable to a constitutional challenge, a Canadian lawyers group says –
a warning that comes as Justice Minister Peter MacKay revealed the government wrote the bill without outside legal opinions but expects it to pass muster.
Mr. MacKay ... who...dismissed calls to refer the bill pre-emptively to the Supreme Court, said he’d sought no outside legal opinions on the matter but repeated his insistence the bill is Charter compliant, a position backed up by a top official in his department.
“The bill specifically deals with the safety deficiencies the Supreme Court found in the existing law,” Donald Piragoff, the senior assistant deputy minister in the Department of Justice’s policy section, told MPs Monday.
The question of Charter compliance looms large in that it would leave the government once again rewriting the law. Leonardo S. Russomanno, speaking on behalf of Canada’s Criminal Lawyers’ Association, told the committee the bill is vulnerable to a challenge.
“It really comes down to whether [C-36] would survive a section one [Charter] challenge. And, in my view, it would fail to do so on the basis it’s not proportionate at all,” Mr. Russomanno told MPs, adding the bill will drive sex workers underground and “utterly fails” to protect them.
http://www.theglobeandmail.com/news/politics/court-challenge-to-new-prostitution-bill-is-inevitable-mackay-says/article19489185/
a warning that comes as Justice Minister Peter MacKay revealed the government wrote the bill without outside legal opinions but expects it to pass muster.
Mr. MacKay ... who...dismissed calls to refer the bill pre-emptively to the Supreme Court, said he’d sought no outside legal opinions on the matter but repeated his insistence the bill is Charter compliant, a position backed up by a top official in his department.
“The bill specifically deals with the safety deficiencies the Supreme Court found in the existing law,” Donald Piragoff, the senior assistant deputy minister in the Department of Justice’s policy section, told MPs Monday.
The question of Charter compliance looms large in that it would leave the government once again rewriting the law. Leonardo S. Russomanno, speaking on behalf of Canada’s Criminal Lawyers’ Association, told the committee the bill is vulnerable to a challenge.
“It really comes down to whether [C-36] would survive a section one [Charter] challenge. And, in my view, it would fail to do so on the basis it’s not proportionate at all,” Mr. Russomanno told MPs, adding the bill will drive sex workers underground and “utterly fails” to protect them.
http://www.theglobeandmail.com/news/politics/court-challenge-to-new-prostitution-bill-is-inevitable-mackay-says/article19489185/
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I was listening to news on the radio and they described what the legal experts are advising the Govt about and the spokesman for the Conservatives was pushing for the new law. What was apparent was it will go back to the Supreme Court in its present condition. What a waste of taxpayers money and they just don't care. It's like throwing pasta against the wall since they are reaching for a "Conservative Solution".
I watched Peter McKay on Global news tonight, July 7, and he looked like the cat that swallowed the canary. There is no way he is going to change anything or listen to anyone. His department does not speak for the Supreme Court as we have learned already. But I fear the worse, it will likely pass because the members have to tow the party line. So back to the Supreme Court. I guess it will be the outfall that tells the future. If the gals hit the streets again in an uncontrollable way, that will get public attention and not good either.
The best thing I heard tonight was when my wife said after listening to the Honourable McKay, why does't he leave the girls alone, set up zones for them and let do their thing. That was a woman's viewpoint who has always looked down on these gals and this item. I think a lot of people are totally dismayed at this man.
The best thing I heard tonight was when my wife said after listening to the Honourable McKay, why does't he leave the girls alone, set up zones for them and let do their thing. That was a woman's viewpoint who has always looked down on these gals and this item. I think a lot of people are totally dismayed at this man.
They aren't going the Nordic way, they are going the Harper McKay way! Some perverted version of it all. This is a one man bill by the looks of it, and would almost think McKay sees his political future hanging on it. He thinks he is wonderful. I guess we will see what the voters think of him at some point.
Actually when it comes right down to it, they are making it illegal. They are just leaving the girls alone to tempt men to contact them then arrest those men. So you are legal bait, as one observer called this bill, legalised entrapment.
Actually when it comes right down to it, they are making it illegal. They are just leaving the girls alone to tempt men to contact them then arrest those men. So you are legal bait, as one observer called this bill, legalised entrapment.
in my opinion this is another case of 'the long knives'
i suspect that mackay has his eyes on harper's position, and harper, knowing that, is giving mackay enough rope with which to hang himself
so far, the strategy is working for harper - mackay has single-handedly brought down a piece of legislation that will not pass a charter challenge (along with other recent legal blunders as well)
whether the ultra-right wingers will support mackay for his misguided conservative leanings, or harper for his focus on economics and demonstrated diplomatic skills, remains to be seen when it comes down to the leadership vote
i suspect that mackay has his eyes on harper's position, and harper, knowing that, is giving mackay enough rope with which to hang himself
so far, the strategy is working for harper - mackay has single-handedly brought down a piece of legislation that will not pass a charter challenge (along with other recent legal blunders as well)
whether the ultra-right wingers will support mackay for his misguided conservative leanings, or harper for his focus on economics and demonstrated diplomatic skills, remains to be seen when it comes down to the leadership vote
"Demonstrated diplomatic skills" ?????? I think not. Canada WAS a highly respected leader on the world stage. Now, thanks to Harper's policies, it is a stooge on the world stage.
None of this reflects the real world. There will be no CPC leadership vote unless Harper resigns; he will not be challenged. You can be sure that Harper supports this legislation -- and all the other items that have also be struck down by the Supreme Court -- NOTHING happens unless he wants it to. And Harper's "demonstrated diplomatic skills" -- in what universe? Harper has demonstrated a clever ability to win elections in a divided and disinterested populace, but diplomacy on the international stage? Being a stooge of the US and Israel is not diplomacy in any sense, and there has yet to be any benefit to any of the "free trade" deals he has been signing like a meter maid handing out traffic tickets.
