The Supreme Court Of Canada

1969 Words Mar 31st, 2016 8 Pages
In 2013 the Supreme Court of Canada (SCC) struck down the Country’s existing prostitution laws because they violated Section 7 of the Charter of Rights and Freedoms (hereafter referred to as The Charter) as they infringed in a sex workers right to life, liberty and security, specifically because while the act of being a sex worker was not illegal, many of the aspects around it were which was deemed unjust (Perrin, 2014: 6-7). This case is important not only because of the way it effects sex workers, but because when the law was sent back to parliament to be revised the resulting law ended up being far different than the original claimants desires. This case demonstrates one of the ways Parliament and the SCC interact with each other as a series of checks and balances, as opposed to the usual theory of court supremacy. This paper will argue that this case demonstrates that while the SCC can strike down laws it cannot make laws as some critics would suggest. This paper will be formatted in the following way. First it will provide background and context for the 2013 ruling. Secondly it will examine the SCCs rulings. Thirdly it will examine the law, specifically in regards in how it compared to the original complaint, and the SCCs ruling before finally: Using all this information to provide a conclusion about how this case provides context for the relationship between the SCC and Parliament. Before the SCC ruling, there were four sections of the criminal code that dealt with…

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