Blog of the International Journal of Constitutional Law

Tag: Bedford

  • Constitutional Dialogue v2.0? Contentious Government Responses to the Supreme Court of Canada

    —Jonathon Penney, Dalhousie University and University of Oxford Constitutional “dialogue” used to be the fashion in Canadian legal circles. From the late 1990s  to mid-to-late 2000s, legal scholars engaged in contentious debates on the topic and the Supreme Court of Canada itself invoked the metaphor in a series of judgments to describe, and theorize, the relationship between the Court and…

  • Canada’s New Prostitution Bill: Don’t Assume it’s Unconstitutional

    —Michael Plaxton, University of Saskatchewan [Twitter: @MichaelPlaxton] Last week, Justice Minister Peter MacKay tabled the much-anticipated Bill C-36, The Protection of Communities and Exploited Persons Act. The bill, which is a response to the Supreme Court of Canada’s landmark ruling in Bedford, has already been the subject of considerable criticism.

  • A Successful Challenge to Canada’s Prostitution Laws

    —Vanessa MacDonnell, University of Ottawa Faculty of Law On December 20, the Supreme Court of Canada ruled in one of the most anticipated cases of 2013: Canada (Attorney General) v Bedford[i], a constitutional challenge to three prostitution provisions of the Criminal Code of Canada.[ii]