Montreal

Bill C-36
drhot69 104 Reviews 1016 reads
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The general consensus of Canadian legal experts, as reported by the media, seems to be many aspects of the new law are unconstitutional. The lawyer who led the challenge to the old law, Alan Young of Osgood Law School, also states this and further indicates other aspects of the new law are more "nuanced", to imply he must look deeper to see how these aspects can best be challenged. He does good work: The Supreme Court voted 9 - 0 to strike down the old law.

How things proceed from here is anybody's guess. I think someone has to be charged under "the protection of communities and exploited persons act" first, then arrange involvement by Mr. Young. As well, it may depend how they are charged. For example, if a charge is laid only under the advertising provision, it may not be possible to challenge the other provisions in that case.

HGR

The changes P411 made in advance of this were necessary for their continued presence, at least until a successful challenge can be mounted by the citizenry.

I've not heard of a groundswell of support for challenging this law, but also understand that it needed to be implemented before it could be challenged.  Then again, as a US resident my news coverage isn't exactly international even on the best of days!

Best of luck, Canucks!

The general consensus of Canadian legal experts, as reported by the media, seems to be many aspects of the new law are unconstitutional. The lawyer who led the challenge to the old law, Alan Young of Osgood Law School, also states this and further indicates other aspects of the new law are more "nuanced", to imply he must look deeper to see how these aspects can best be challenged. He does good work: The Supreme Court voted 9 - 0 to strike down the old law.

How things proceed from here is anybody's guess. I think someone has to be charged under "the protection of communities and exploited persons act" first, then arrange involvement by Mr. Young. As well, it may depend how they are charged. For example, if a charge is laid only under the advertising provision, it may not be possible to challenge the other provisions in that case.

HGR

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