''Reference re ss. 193 & 195.1(1)(c) of the Criminal Code (Man.)''

990 Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...

1 S.C.R. 1123, commonly known as the Prostitution Reference, is a decision of the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

on the right to freedom of expression under section 2(b) of the '' Canadian Charter of Rights and Freedoms'', and on prostitution in Canada. Manitoba's Appeal Court had ruled the legislation violated the guarantee of freedom of expression in the Charter of Rights and Freedoms, by constraining communication in relation to legal activity (R. v. Skinner (1987), 35 C.C.C. (3d) 203). The case was referred to the Supreme court. The Supreme Court held that the criminal code provision that prohibited communication for the purpose of engaging in prostitution was in violation of the right to freedom of expression; however, it could be justified under Section One of the Canadian Charter of Rights and Freedoms, section 1 of the ''Charter'' and so it was upheld. The majority, with both women dissenting, found that the purpose of eliminating prostitution was a valid goal and that the provision was rationally connected and proportional to that goal. Accordingly, the provision was upheld. The justification was set out in three stages: # The court must first characterize the objective of the law (a remedy for solicitation in public places and the eradication of social nuisance from the public display of the sale of sex). This was constructed as restricted to taking prostitution off the streets and out of public view. In this respect, Dickson disagreed with the opinion of another justice that the legislative objective addressed the broader questions of the exploitation, degradation and subordination of women. # The court must assess the proportionality of the legislation to the objectives; in particular any infringement of rights must be the minimum to achieve this. It was held the provisions were not unduly intrusive. # The court must determine if the effects of the law so infringe a protected right that it outweighs the objective. It was held that the curtailment of street solicitation was in keeping with the interests of society, for its nuisance‑related aspects. The decision was later upheld in Canada (AG) v Bedford.

References

Canadian freedom of expression case law Supreme Court of Canada cases Canadian Charter of Rights and Freedoms case law Prostitution law in Canada 1990 in Canadian case law Supreme Court of Canada reference question cases {{Sex work-stub

See also

References