Constitutional Law Charter of Rights Right to security of person — — — Freedom of expression Criminal law Prostitution Common bawdyhouse — — — — Living on avails of prostitution — Communicating in public for purposes of prostitution Prostitutes challenging constitutionality of prohibitions on — bawdyhouses, living on avails of prostitution and communicating in public for purposes of prostitution under Criminal Code Prostitutes alleging impugned — provisions violate s. 7 security of the person rights by preventing implementation of safety measures that could protect them from violent clients Prostitutes also — alleging prohibition on communicating in public for purposes of prostitution infringes freedom of expression guarantee Canadian Charter of Rights and Freedoms, ss. 1, — 2(b), 7 Criminal Code, R.S.C. 1985, c. C46, ss. 197(1), 210, 212(1)(j), 213(1)(c). — Courts Decisions Stare decisis Standard of review Prostitutes — — — — challenging constitutionality of prohibitions on bawdyhouses, living on avails of prostitution and communicating in public for purposes of prostitution under Criminal Code Under what circumstances application judge could revisit conclusions of — Supreme Court of Canada in Prostitution Reference which upheld bawdyhouse and communicating prohibitions Degree of deference owed to application judge’s — findings on social and legislative facts. B, L and S, current or former prostitutes, brought an application seeking declarations that three provisions of the R.S.C. 1985, c. C46, which Criminal Code,
Constitutional Law — Charter of Rights — Right to security of person — Freedom of expression — Criminal law — Prostitution — Common bawdyhouse — Living on avails of prostitution — Communicating in public for purposes of prostitution — Prostitutes challenging constitutionality of prohibitions on bawdyhouses, living on avails of prostitution and communicating in public for purposes of prostitution under Criminal Code — Prostitutes alleging impugned provisions violate s. 7 security of the person rights by preventing implementation of safety measures that could protect them from violent clients — Prostitutes also alleging prohibition on communicating in public for purposes of prostitution infringes freedom of expression guarantee — Canadian Charter of Rights and Freedoms, ss. 1, 2(b), 7 — Criminal Code, R.S.C. 1985, c. C46, ss. 197(1), 210, 212(1)(j), 213(1)(c). Courts — Decisions — Stare decisis — Standard of review — Prostitutes challenging constitutionality of prohibitions on bawdyhouses, living on avails of prostitution and communicating in public for purposes of prostitution under Criminal Code — Under what circumstances application judge could revisit conclusions of Supreme Court of Canada in Prostitution Reference which upheld bawdyhouse and communicating prohibitions — Degree of deference owed to application judge’s findings on social and legislative facts. B, L and S, current or former prostitutes, brought an application seeking declarations that three provisions of the Criminal Code, R.S.C. 1985, c. C46, which