Showing posts with label Canadian Criminal Code. Show all posts
Showing posts with label Canadian Criminal Code. Show all posts

Judge decriminalizes prostitution in Ontario, but Ottawa mulls appeal

A Superior Court justice gutted the federal prostitution law in Ontario on Tuesday, allowing sex-trade workers to solicit customers openly and paving the way for judges in other provinces to follow suit.

Justice Susan Himel struck down all three Criminal Code provisions that had been challenged – communicating for the purposes of prostitution, pimping and operating a common bawdy house.

The decision will take effect in 30 days unless Crown lawyers return with arguments that are strong enough to persuade her to grant a further delay, Judge Himel said.

Her landmark ruling drew immediate fire in Ottawa, which has little time to regroup and battle the judgment. A domino effect of judicial decisions could quickly topple prostitution laws across Canada, as happened several years ago with prohibitions against gay marriage.

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Is infanticide a legitimate defence?

Tracey Tyler Legal Affairs Reporter

Their numbers are few and their tragic stories vary, but women who deliberately kill their newborn children have long had something in common. The possibility of being treated more leniently than other killers.

But that could change with an important case starting Thursday in Toronto that could restrict the use of an infanticide provision in the Criminal Code.

A lawyer for the province’s attorney general will ask the Ontario Court of Appeal to rule that a mother who intentionally kills her child while mentally disturbed or suffering postpartum depression can’t defend herself by arguing the crime was infanticide, punishable by up to five years in prison.

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