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33981

Attorney General of Canada v. Downtown Eastside Sex Workers United Against Violence Society, et al.

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

v.

Other parties

Counsel

Party: Attorney General of Canada

Counsel
Cheryl J. Tobias, Q.C.
Donnaree Nygard
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: cheryl.tobias@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Downtown Eastside Sex Workers United Against Violence Society

Counsel
Joseph J. Arvay, Q.C.
Elin R.S. Sigurdson
Arvay Finlay
1320 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Kiselbach, Sheryl

Counsel
Katrina Pacey
Pivot Legal LLP
121 Heatley Avenue
Vancouver, British Columbia
V6A 3E9
Telephone: (604) 255-9700 Ext: 103
FAX: (604) 255-1552
Email: katrina@pivotlegal.org
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: British Columbia Civil Liberties Association

Counsel
Jason B. Gratl
Megan Vis-Dunbar
Gratl & company
302-560 Beatty St.
Vancouver, British Columbia
V6B 2L3
Telephone: (604) 694-1919
FAX: (604) 608-1919
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Community Legal Assistance Society

Counsel
David W. Mossop, Q.C.
Diane Nielsen
Community Legal Assistance Society
Suite 300 - 1140 West Pender Street
Vancouver, British Columbia
V6E 4G1
Telephone: (604) 685-3425
FAX: (604) 685-7611
Email: dmossop@clasbc.net
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Attorney General of Ontario

Counsel
Janet E. Minor
Arif Virani
Courtney J Harris
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Ecojustice Canada

Counsel
Justin Sinclair Duncan
Kaitlyn Mitchell
Ecojustice Canada
401-550 Bayview Ave
Toronto, Ontario
M4W 3X8
Telephone: (416) 368-7533 Ext: 22
FAX: (416) 363-2746
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre

Counsel
Christina Tess Lara Sheldon
Kasari Govender
Niamh Harraher
ARCH Disability Law Centre
110-425 Bloor Street Est
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca

Party: Conseil scolaire francophone de la Colombie-Britannique

Counsel
Mark C. Power
Jean-Pierre Hachey
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7908
FAX: (866) 296-8395
Email: mpower@heenan.ca

Party: David Asper Centre for Constitutional Rights

Counsel
Cheryl Milne
Kent Roach
University of Toronto
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
Martha A. Healey
Norton Rose Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com

Party: Canadian Civil Liberties Association

Counsel
Cara Faith Zwibel
Canadian Civil Liberties Association
506 - 360 Bloor St. W.
Toronto, Ontario
M5S 1X1
Telephone: (416) 363-0321 Ext: 255
FAX: (416) 861-1291
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Association of Refugee Lawyers and Canadian Council for Refugees

Counsel
Lorne Waldman
Clare Crummey
Tamara Morgenthau
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
Laurie Joe
West End Legal Services
1301 Richmond Road
Ottawa, Ontario
K2B 7Y4
Telephone: (613) 596-1641
FAX: (613) 596-3364

Party: Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia

Counsel
Michael A. Feder
Alexandra E. Cocks
Jordanna Cytrynbaum
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.


Charter of Rights – Civil Proceedings – Parties – Standing – Test for public interest standing– Parameters for granting public interest standing – Assessing whether there is another reasonable and effective way to bring constitutional issues before courts for the purposes of determining whether to grant public interest standing – Circumstances in which public interest litigants can bring challenges to government legislation or action – Relevance of the nature of the constitutional challenge to the assessment of whether there are other reasonable means by which a challenge may be brought – Whether Court of Appeal has weakened test for public interest standing by adopting a relaxed approach that will be an ineffective limit on when standing should be granted.

The respondents commenced an action challenging the constitutional validity of Criminal Code sections 210 (keeping and being within a common bawdy house), 211 (transporting a person to a common bawdy house), 212 (procuring and living on the avails of prostitution) except for ss. 212(1)(g) and (i), and 213 (soliciting in a public place) on the basis these provisions infringe ss. 2(b), 2(d), 7 and 15 of the Charter of Rights and Freedoms. Neither respondent is currently charged with any of these offences. The applicant brought an application in part seeking to have the action dismissed for lack of standing.

Lower court rulings

December 15, 2008
Supreme Court of British Columbia

S075285, 2008 BCSC 1726

Claim dismissed for lack of standing
October 12, 2010
Court of Appeal for British Columbia (Vancouver)

CA036762, 2010 BCCA 439

Appeal granted, order dismissing action set aside, matter remitted to Supreme Court of British Columbia

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-05-09 Appeal closed
2013-05-09 Discontinuance of the bill of costs Downtown Eastside Sex Workers United Against Violence Society
2013-05-09 Correspondence received from, Jeffrey W. Beedell by e-mail, re: parties have settled on the bill of costs; withdraw notice of taxation Downtown Eastside Sex Workers United Against Violence Society
2013-03-28 Response to the bill of costs, Completed on: 2013-03-28 Attorney General of Canada
2013-03-20 Bill of costs, Completed on: 2013-03-20 Downtown Eastside Sex Workers United Against Violence Society
2012-09-24 Formal judgment sent to the registrar of the court of appeal and all parties
2012-09-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-09-21 Correspondence received from, Kasari Govender dated September 21, 2012. Re: Add counsel to judgment Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre
2012-09-21 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036762, 2010 BCCA 439, dated October 12, 2010, heard on January 19, 2012, is dismissed with costs.
Dismissed, with costs
2012-02-03 Transcript received, (77 pages)
2012-01-19 Judgment reserved OR rendered with reasons to follow
2012-01-19 Intervener's condensed book, Submitted in Court (14 copies) David Asper Centre for Constitutional Rights
2012-01-19 Intervener's condensed book, Submitted in Court (14 copies) Community Legal Assistance Society
2012-01-19 Respondent's condensed book, Submitted in Court (14 copies) Downtown Eastside Sex Workers United Against Violence Society
2012-01-19 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2012-01-19 Acknowledgement and consent for video taping of proceedings, From all parties
2012-01-19 Hearing of the appeal, 2012-01-19, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2012-01-16 Correspondence received from, 3 reserved seats requested Canadian Association of Refugee Lawyers and Canadian Council for Refugees
2012-01-13 Correspondence (sent by the Court) to, Mr. Mossop with c.c. to all parties re: videoconference setup
2012-01-13 Correspondence received from, Donnaree Nygard dated January 13, 2012. Re: Supplemental reasons of the BC Court of Appeal (Sent to the Court on January 16, 2012) Attorney General of Canada
2012-01-13 Correspondence received from, Final C/A order filed (Sent to the Court on January 13, 2012) Attorney General of Canada
2012-01-12 Correspondence received from, David Mossop dated January 12, 2012. Re: Correct information on counsel sheet Community Legal Assistance Society
2012-01-12 Notice of appearance, No one will be present at the hearing. Canadian Civil Liberties Association
2012-01-11 Order on motion to file a reply factum on appeal, (By Deschamps, J.)
2012-01-11 Decision on the motion to file a reply factum on appeal, De, UPON APPLICATION by the appellant for an order permitting the filing of a reply factum;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed without costs.
Dismissed, without costs
2012-01-11 Submission of motion to file a reply factum on appeal, De
2012-01-10 Order by, De, FURTHER TO THE ORDER dated November 4, 2011, granting leave to intervene to Attorney General of Ontario, the Community Legal Assistance Society, the British Columbia Civil Liberties Association, Ecojustice Canada, the Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre, the Conseil scolaire francophone de la Colombie-Britannique, the David Asper Centre for Constitutional Rights, the Canadian Civil Liberties Association, the Canadian Association of Refugee Lawyers and Canadian Council for Refugees and the Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia;
IT IS HEREBY FURTHER ORDERED THAT only the Attorney General of Ontario, the Community Legal Assistance Society, the British Columbia Civil Liberties Association and the David Asper Centre for Constitutional Rights are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Allowed in part
2012-01-10 Notice of appearance, No one will be present at the hearing. Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia
2012-01-09 Reply to motion to file a reply factum on appeal, Completed on: 2012-01-09 Attorney General of Canada
2012-01-09 Notice of appearance, Kasari Govender, Niamh Harraher and C. Tess Sheldon will be present at the hearing. Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre
2012-01-06 Notice of appearance, Cheryl Tobias and Donnaree Nygard will be present at the hearing. Attorney General of Canada
2012-01-06 Notice of appearance, Lorne Waldman, Clare Crummey and Tamara Morgenthau will be present at the hearing. Canadian Association of Refugee Lawyers and Canadian Council for Refugees
2012-01-06 Notice of appearance, Justin Duncan and Kaitlyn Mitchell will be present at the hearing. Ecojustice Canada
2012-01-06 Correspondence received from, Jeffrey Beedell dated January 6, 2012. Re: Request 5 reserved seats Downtown Eastside Sex Workers United Against Violence Society
2012-01-06 Notice of appearance, Joseph Arvay, Elin Sigurdson and Katrina Pacey will be present at the hearing. Downtown Eastside Sex Workers United Against Violence Society
2012-01-06 Notice of appearance, Janet Minor and Courtney Harris will be present at the hearing. Attorney General of Ontario
2012-01-06 Notice of appearance, David Mossop, Diane Nielsen and Kaity Cooper will be present at the hearing. Community Legal Assistance Society
2012-01-06 Notice of appearance, Cheryl Milne and Kent Roach will be present at the hearing. David Asper Centre for Constitutional Rights
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 Conseil scolaire francophone de la Colombie-Britannique
2012-01-05 Intervener's factum, Completed on: 2012-01-05 Conseil scolaire francophone de la Colombie-Britannique
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 Ecojustice Canada
2012-01-05 Intervener's factum, Completed on: 2012-01-05 Ecojustice Canada
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 Attorney General of Ontario
2012-01-05 Intervener's factum, Completed on: 2012-01-05 Attorney General of Ontario
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 British Columbia Civil Liberties Association
2012-01-05 Intervener's factum, Completed on: 2012-01-05 British Columbia Civil Liberties Association
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 Canadian Association of Refugee Lawyers and Canadian Council for Refugees
2012-01-05 Intervener's factum, Completed on: 2012-01-05 Canadian Association of Refugee Lawyers and Canadian Council for Refugees
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 David Asper Centre for Constitutional Rights
2012-01-05 Intervener's factum, Completed on: 2012-01-05 David Asper Centre for Constitutional Rights
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 Canadian Civil Liberties Association
2012-01-05 Intervener's factum, Completed on: 2012-01-05 Canadian Civil Liberties Association
2012-01-05 Intervener's book of authorities, Completed on: 2012-01-05 Community Legal Assistance Society
2012-01-05 Intervener's factum, Completed on: 2012-01-05 Community Legal Assistance Society
2012-01-04 Intervener's book of authorities, Completed on: 2012-01-04 Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia
2012-01-04 Intervener's factum, Completed on: 2012-01-04 Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia
2012-01-03 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2012-01-03 Downtown Eastside Sex Workers United Against Violence Society
2011-12-23 Intervener's book of authorities, Completed on: 2011-12-23 Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre
2011-12-23 Intervener's factum, Completed on: 2011-12-23 Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre
2011-12-21 Notice of appearance, Jason Gratl and Megan Vis-Dunbar will be present at the hearing. British Columbia Civil Liberties Association
2011-12-19 Motion to file a reply factum on appeal, Book form, Completed on: 2011-12-19 Attorney General of Canada
2011-12-08 Notice of hearing sent to parties
2011-12-07 Appeal hearing scheduled, 2012-01-19, (Early start 9:00am)
Judgment reserved
2011-11-18 Correspondence received from, David Mossop dated Nov. 17/11 re: request for videoconference Community Legal Assistance Society
2011-11-07 Appeal perfected for hearing
2011-11-04 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2011-11-04 Decision on the motion for leave to intervene, De, UPON APPLICATIONS by the Attorney General of Ontario, the Community Legal Assistance Society, the British Columbia Civil Liberties Association, Ecojustice Canada, the Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre, the Conseil scolaire francophone de la Colombie-Britannique, the David Asper Centre for Constitutional Rights, the Canadian Civil Liberties Association, the Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's: The Toronto Sex Workers Action Project and Stella, l'amie de Maimie, the Canadian Association of Refugee Lawyers and Canadian Council for Refugees and the Trial Lawyers Association of British Columbia for leave to intervene in the above appeal;
AND UPON APPLICATION by the Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Ontario, the Community Legal Assistance Society, the British Columbia Civil Liberties Association, Ecojustice Canada, the Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre, the Conseil scolaire francophone de la Colombie-Britannique, the David Asper Centre for Constitutional Rights, the Canadian Civil Liberties Association and the Canadian Association of Refugee Lawyers and Canadian Council for Refugees are granted and the said nine interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before January 5, 2012.
The motion for an extension of time to apply for leave to intervene of the Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia is granted and the said group of interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 5, 2012.
The motions for leave to intervene of the Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's: The Toronto Sex Workers Action Project and Stella, l'amie de Maimie and the Trial Lawyers Association of British Columbia are dismissed.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention
Allowed in part
2011-11-04 Submission of motion for leave to intervene, De
2011-10-28 Respondent's book of authorities, Completed on: 2011-10-28 Downtown Eastside Sex Workers United Against Violence Society
2011-10-28 Respondent's factum, Completed on: 2011-10-28 Downtown Eastside Sex Workers United Against Violence Society
2011-10-18 Reply to the motion for leave to intervene, (bookform), Completed on: 2011-10-18 Conseil scolaire francophone de la Colombie-Britannique
2011-10-17 Reply to the motion for leave to intervene, Completed on: 2011-10-17 Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia
2011-10-17 Reply to the motion for leave to intervene, (bookform), Completed on: 2011-10-17 Ecojustice Canada
2011-10-17 Reply to the motion for leave to intervene, (bookform), Completed on: 2011-10-17 Canadian Civil Liberties Association
2011-10-17 Reply to the motion for leave to intervene, (bookform), Completed on: 2011-10-17 David Asper Centre for Constitutional Rights
2011-10-11 Response to the motion for leave to intervene, (bookform), Completed on: 2011-10-11 Attorney General of Canada
2011-10-07 Response to the motion for leave to intervene, (Letter Form), from Jeffrey W. Beedell dated Oct. 7/11 (by all 12 interveners), Completed on: 2011-10-07 Downtown Eastside Sex Workers United Against Violence Society
2011-10-03 Motion for leave to intervene, (bookform) (AMENDED notice of motion requesting extension of time filed Oct. 7/11), Completed on: 2011-10-03 Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia
2011-10-03 Correspondence received from, Katrina Pacey dated September 26, 2011. Re: Change of address Sheryl Kiselbach
2011-09-30 Motion for leave to intervene, (bookform), Completed on: 2011-09-30 Trial Lawyers Association of British Columbia
2011-09-30 Motion for leave to intervene, (bookform), Completed on: 2011-09-30 Canadian Association of Refugee Lawyers and Canadian Council for Refugees
2011-09-30 Motion for leave to intervene, (bookform), Completed on: 2011-09-30 Prostitutes of Ottawa-Gatineau, Work, Educate and Resist, Maggie's: The Toronto Sex Workers Action Project and Stella, l'amie de Maimie
2011-09-30 Intervener's book of authorities, (on motion), Completed on: 2011-09-30 Conseil scolaire francophone de la Colombie-Britannique
2011-09-30 Motion for leave to intervene, (bookform), Completed on: 2011-09-30 Conseil scolaire francophone de la Colombie-Britannique
2011-09-29 Motion for leave to intervene, (bookform), Completed on: 2011-09-29 Canadian Civil Liberties Association
2011-09-29 Motion for leave to intervene, (bookform), Completed on: 2011-09-29 David Asper Centre for Constitutional Rights
2011-09-28 Motion for leave to intervene, (bookform), Completed on: 2011-09-28 Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre
2011-09-28 Motion for leave to intervene, (bookform), Completed on: 2011-09-28 Ecojustice Canada
2011-09-28 Response to the motion for leave to intervene, (Letter Form), from C. Tobias dated September 27, 2011 by fax (response to all leaves to intervene), Completed on: 2011-09-28 Attorney General of Canada
2011-09-23 Motion for leave to intervene, (bookform), Completed on: 2011-09-23 Attorney General of Ontario
2011-09-22 Motion for leave to intervene, Bookform, Completed on: 2011-09-22 Community Legal Assistance Society
2011-09-20 Motion for leave to intervene, Bookform, Completed on: 2011-09-20 British Columbia Civil Liberties Association
2011-09-02 Appellant's record, (9 volumes), Completed on: 2011-09-12 Attorney General of Canada
2011-09-02 Appellant's book of authorities, (5 volumes), Completed on: 2011-09-12 Attorney General of Canada
2011-09-02 Appellant's factum, CD to come (rec'd Sept.9/11), Completed on: 2011-09-12 Attorney General of Canada
2011-08-19 Order on miscellaneous motion, (BY CHIEF JUSTICE)
2011-08-19 Decision on miscellaneous motion, CJ, UPON APPLICATION by the respondents for an order that the appeal be held in abeyance or stayed or adjourned pending the final outcome of Bedford v. Canada (Attorney General) heard by the Ontario Court of Appeal on July 21, 2011; or in the alternative granting the respondents solicitor-client costs payable in advance and in any event of the cause; and, costs of this application in any event of the cause;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed without costs
Dismissed, without costs
2011-08-19 Submission of miscellaneous motion, CJ
2011-08-19 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2011-08-19 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondents for an order extending the time to serve and file the motion to state a constitutional question and for an order stating a constitutional question in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The application for an extension of time is granted and the motion to state a constitutional question is dismissed
Dismissed
2011-08-19 Submission of motion to state a constitutional question, CJ
2011-08-18 Order on motion to adduce new evidence, (BY BINNIE J.)
2011-08-18 Decision on motion to adduce new evidence, Bi, UPON APPLICATION by the appellant for an order to admit fresh evidence at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted without costs
Granted, without costs
2011-08-18 Submission of motion to adduce new evidence, Bi
2011-08-16 Reply to miscellaneous motion, (Letter Form), from Joseph J. Arvay, Q.C. dated Aug. 15/11, Completed on: 2011-08-16 Downtown Eastside Sex Workers United Against Violence Society
2011-08-10 Response to miscellaneous motion, (bookform), Completed on: 2011-08-10 Attorney General of Canada
2011-08-03 Reply to the motion to state a constitutional question, Completed on: 2011-08-03 Downtown Eastside Sex Workers United Against Violence Society
2011-07-21 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-07-21 Correspondence received from, Jeffrey Beedell dated July 21, 2011. Re: Elin R.S. Sigurdson is no longer co-counsel for the Respondents Downtown Eastside Sex Workers United Against Violence Society
2011-07-18 Response to the motion to state a constitutional question, (bookform), Completed on: 2011-07-18 Attorney General of Canada
2011-07-18 Notice of miscellaneous motion, to hold the appeal in abeyance pending the final outcome of the matter of Bedford et al v. Attorney General of Canada et al heard in the Ontario Court of Appeal (C52799 & C52814) (Vol. I & II), Completed on: 2011-07-18 Downtown Eastside Sex Workers United Against Violence Society
2011-07-08 Motion to state a constitutional question, (joint with an extension of time), Completed on: 2011-07-08 Downtown Eastside Sex Workers United Against Violence Society
2011-07-07 Correspondence received from, J. W. Beedell dated July 7/11 re: confirming that McMillan has been retained as Ottawa agent for the respondents (by fax) Downtown Eastside Sex Workers United Against Violence Society
2011-07-06 Response to the motion to adduce new evidence, (Letter Form), Mr. Arvay rec'd by fax re: oppose the admission of new evidence (cc. to all parties), Completed on: 2011-07-06 Downtown Eastside Sex Workers United Against Violence Society
2011-06-28 Motion to adduce new evidence, (Vol. 1 to 5), Completed on: 2011-06-28 Attorney General of Canada
2011-05-02 Notice of appeal, Completed on: 2011-05-02 Attorney General of Canada
2011-04-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-04-01 Judgment on leave sent to the parties
2011-03-31 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036762, 2010 BCCA 439, dated October 12, 2010 is granted without costs.
Granted, without costs
2011-02-14 All materials on application for leave submitted to the Judges, CJ Abe Cro
2011-01-17 Applicant's reply to respondent's argument, Completed on: 2011-01-17 Attorney General of Canada
2011-01-10 Respondent's response on the application for leave to appeal, (Letter Form), From Joseph Arvay dated January 7, 2011 by fax, Completed on: 2011-01-10 Downtown Eastside Sex Workers United Against Violence Society
2010-12-20 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-12-13 Application for leave to appeal, (5 volumes) Final CA Order missing (Order form rec'd Jan.12/11), Completed on: 2011-07-25 Attorney General of Canada

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Attorney General of Canada Appellant Active

v.

Main parties - Respondents
Name Role Status
Downtown Eastside Sex Workers United Against Violence Society Respondent Active
Kiselbach, Sheryl Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Community Legal Assistance Society Intervener Active
British Columbia Civil Liberties Association Intervener Active
Ecojustice Canada Intervener Active
Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre Intervener Active
Conseil scolaire francophone de la Colombie-Britannique Intervener Active
David Asper Centre for Constitutional Rights Intervener Active
Canadian Civil Liberties Association Intervener Active
Canadian Association of Refugee Lawyers and Canadian Council for Refugees Intervener Active
Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Cheryl J. Tobias, Q.C.
Donnaree Nygard
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: cheryl.tobias@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Downtown Eastside Sex Workers United Against Violence Society

Counsel
Joseph J. Arvay, Q.C.
Elin R.S. Sigurdson
Arvay Finlay
1320 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Kiselbach, Sheryl

Counsel
Katrina Pacey
Pivot Legal LLP
121 Heatley Avenue
Vancouver, British Columbia
V6A 3E9
Telephone: (604) 255-9700 Ext: 103
FAX: (604) 255-1552
Email: katrina@pivotlegal.org
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: British Columbia Civil Liberties Association

Counsel
Jason B. Gratl
Megan Vis-Dunbar
Gratl & company
302-560 Beatty St.
Vancouver, British Columbia
V6B 2L3
Telephone: (604) 694-1919
FAX: (604) 608-1919
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Community Legal Assistance Society

Counsel
David W. Mossop, Q.C.
Diane Nielsen
Community Legal Assistance Society
Suite 300 - 1140 West Pender Street
Vancouver, British Columbia
V6E 4G1
Telephone: (604) 685-3425
FAX: (604) 685-7611
Email: dmossop@clasbc.net
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Attorney General of Ontario

Counsel
Janet E. Minor
Arif Virani
Courtney J Harris
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Ecojustice Canada

Counsel
Justin Sinclair Duncan
Kaitlyn Mitchell
Ecojustice Canada
401-550 Bayview Ave
Toronto, Ontario
M4W 3X8
Telephone: (416) 368-7533 Ext: 22
FAX: (416) 363-2746
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Coalition of West Coast Women's Legal Education and Action Fund (West Coast LEAF), Justice for Children and Youth and ARCH Disability Law Centre

Counsel
Christina Tess Lara Sheldon
Kasari Govender
Niamh Harraher
ARCH Disability Law Centre
110-425 Bloor Street Est
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca

Party: Conseil scolaire francophone de la Colombie-Britannique

Counsel
Mark C. Power
Jean-Pierre Hachey
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7908
FAX: (866) 296-8395
Email: mpower@heenan.ca

Party: David Asper Centre for Constitutional Rights

Counsel
Cheryl Milne
Kent Roach
University of Toronto
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
Martha A. Healey
Norton Rose Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com

Party: Canadian Civil Liberties Association

Counsel
Cara Faith Zwibel
Canadian Civil Liberties Association
506 - 360 Bloor St. W.
Toronto, Ontario
M5S 1X1
Telephone: (416) 363-0321 Ext: 255
FAX: (416) 861-1291
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Association of Refugee Lawyers and Canadian Council for Refugees

Counsel
Lorne Waldman
Clare Crummey
Tamara Morgenthau
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
Laurie Joe
West End Legal Services
1301 Richmond Road
Ottawa, Ontario
K2B 7Y4
Telephone: (613) 596-1641
FAX: (613) 596-3364

Party: Canadian HIV / AIDS Legal Network, HIV & AIDS Legal Clinic Ontario and Positive Living Society of British Columbia

Counsel
Michael A. Feder
Alexandra E. Cocks
Jordanna Cytrynbaum
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.


Charter of Rights – Civil Proceedings – Parties – Standing – Test for public interest standing– Parameters for granting public interest standing – Assessing whether there is another reasonable and effective way to bring constitutional issues before courts for the purposes of determining whether to grant public interest standing – Circumstances in which public interest litigants can bring challenges to government legislation or action – Relevance of the nature of the constitutional challenge to the assessment of whether there are other reasonable means by which a challenge may be brought – Whether Court of Appeal has weakened test for public interest standing by adopting a relaxed approach that will be an ineffective limit on when standing should be granted.

The respondents commenced an action challenging the constitutional validity of Criminal Code sections 210 (keeping and being within a common bawdy house), 211 (transporting a person to a common bawdy house), 212 (procuring and living on the avails of prostitution) except for ss. 212(1)(g) and (i), and 213 (soliciting in a public place) on the basis these provisions infringe ss. 2(b), 2(d), 7 and 15 of the Charter of Rights and Freedoms. Neither respondent is currently charged with any of these offences. The applicant brought an application in part seeking to have the action dismissed for lack of standing.

Lower court rulings

December 15, 2008
Supreme Court of British Columbia

S075285, 2008 BCSC 1726

Claim dismissed for lack of standing
October 12, 2010
Court of Appeal for British Columbia (Vancouver)

CA036762, 2010 BCCA 439

Appeal granted, order dismissing action set aside, matter remitted to Supreme Court of British Columbia

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

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Date modified: 2025-02-27