Canada (Attorney General) v. Bedford, 2012 ONCA ... - York University

Page: 10offences. Like Ms. Bedford, she would like to resume working as a prostitute inan indoor location if this litigation is successful.The constitutional challenge[13] Ms. Bedford, Ms. Lebovitch and Ms. Scott (the “respondents”) brought anapplication in the Superior Court of Justice under rule 14.05(3)(g.1) of the Rulesof Civil Procedure, R.R.O. 1990, Reg. 194, 2 seeking a declaration that ss. 210,212(1)(j) and 213(1)(c) of the Criminal Code are unconstitutional. The relevantparts of those sections provide:210. (1) Every one who keeps a common bawdy-houseis guilty of an indictable offence and liable toimprisonment for a term not exceeding two years.(2) Every one who(a) is an inmate of a common bawdy-house,(b) is found, without lawful excuse, in a common bawdyhouse,or(c) as owner, landlord, lessor, tenant, occupier, agent orotherwise having charge or control of any place, knowinglypermits the place or any part thereof to be let or used for thepurposes of a common bawdy-house,is guilty of an offence punishable on summary conviction.2 That rule provides: “A proceeding may be brought by application where these rules authorize thecommencement of a proceeding by application or where the relief claimed is for a remedy under theCanadian Charter of Rights and Freedoms”.