Case of Canada v Bedford Analysis

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In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.


The Feminist Legal Theory closely looks at women and their position as legal subjects throughout history, and how these aspects have changed in regards to women as legal persons and the coorelating laws on gender themselves. The p...

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...prevent harm and set peace for society. So by looking at this theory, we can prevent those who are being deprived of their rights in an unconstitutional manner and are of no harm to society, thus preventing them from uneccessary punishment.


Bibbings , Lois , and Donald Nicolson. 2000. “General principles of criminal law'? A feminist view,” (Nicola, Lacey). A Feminist Perspectives on Criminal Law. : 87-100. ISBN: 9781843140412.

Brophy, Susan. "Feminism - Week 8A." Class Lecture, Introduction to Criminal Law, University of Waterloo, Waterloo, ON, March 4, 2014.

Brophy, Susan. "Punishment - Week 6B." Class Lecture, Introduction to Criminal Law, University of Waterloo, Waterloo, ON, February 13, 2014.

Canada (Attorney General) v. Bedford, 2013 SCC 72

Rawls, John. 1955. “The Philosophical Review.” 64 (1): 3-13. DOI: 10.2307/2182230.

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