What is the test for a finding that ss 210, 212(j) and 213(1)(c) of the Criminal Code violate section 7 of the Charter?
British Columbia, Canada
The following excerpt is from Downtown Eastside Sex Workers United Against Violence Society v. Attorney General (Canada), 2008 BCSC 1726 (CanLII):
Bedford, Lebovitch and Scott v. Attorney General of Canada, No. 07-CV-329807PD1 is an application filed in the Ontario Superior Court of Justice seeking a declaration that ss. 210, 212(j) and 213(1)(c) of the Criminal Code violate s. 7 of the Charter and that s. 213(1)(c) violates s. 2(b) of the Charter and that the sections are therefore of no force and effect. According to the affidavit material before me, a hearing date has not yet been set, but it is expected to be some time in the summer of 2009.
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