What the Bedford Decision Means for Constitutional Litigation
Constitutional, Civil Liberties & Human Rights Law | Original Program Date: March 4, 2014
The Supreme Court of Canada (“SCC”) struck down all three prostitution-related provisions of the Criminal Code in its December 2013 decision in Canada (Attorney General) v. Bedford. The unanimous decision raises challenging policy issues for Parliament, which has one year to craft alternative legislation. The reasons also raise a host of legal issues which will have a significant impact on constitutional litigation. Join us for this essential program to learn what the Bedford decision means for your constitutional law practice.
Our expert panel will unravel the complexities of this recent SCC authority, including:
- Clarifying stare decisis after Bedford: Under what circumstances can a lower court ignore SCC precedent?
- How far does deference to the trial judge’s findings of social, legislative and adjudicative facts extend?
- What is the role of intervenors? Does Bedford signal a more restrictive approach to intervenors?
- How has the decision changed the interpretation of section 7 of the Charter?
- What are the legal restrictions on the legislative options open to Parliament in light of the Court’s decision?
- What can we expect from the SCC on these issues in the Carter case, scheduled to be heard in October 2014?
PROGRAM CHAIRS
Ranjan Agarwal, Bennett Jones LLP
Julie Jai, Barrister & Solicitor
SPEAKERS
Professor Jamie Cameron, Osgoode Hall Law SChool
Cheryl Milne, David Asper Centre for Constitutional Rights (Moderator)
Daniel Sheppard, Sack Goldblatt Mitchell LLP