Ontario Court Of Appeal

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Patriating the Constitution and the Charter

The recent flurry about patriating the Canadian constitution has brought back a flood of memories, and some reflections. Patriation was not an exercise in partisanship. Neither was the Charter. The origins of the desire to "bring the Constitution home" go back decades.

Sex Workers Deserve Our Day in Court

The government has again appealed the Ontario Court of Appeal's decision that current sex worker laws go against constitutional rights. On October 25, the Supreme Court of Canada will decide whether they will hear their appeal or not. Ultimately, it is my hope that the SCC agrees to hear the case in its entirety, for a number of reasons. Sex work is a highly contentious issue, but it is a legimate profession that one can freely choose if so inclined. We Canadians all have a right to life, liberty, and security of the person, even those of us involved in sex work -- and no government laws may infringe on those rights. That's exactly what this challenge is all about.

Safe Drugs -- But Not Safe Sex?

Immigration Minister Jason Kenney recently announced that the federal government would no longer offer work visas to immigrants applying for positions in the sex trade. While this is certainly a step in the right direction in terms of moderating the oldest profession in the world, it's not enough.

Judges Grill Feds On Sex Trade Claims

THE CANADIAN PRESS -- TORONTO - A five-judge Appeal Court panel held the federal government's feet to the fire Monday, grilling its lawyer about an assertion that prostitution laws aren't putting sex...

Unconsciousness Means No: Supreme Court

(CBC) - The Supreme Court says an unconscious woman can't give consent to sex. In a split 6-3 decision, the court restored the sexual assault conviction of a man who penetrated his female partner in t...