Andrea Bourke

The applicants, including several current and former sex workers and a sex worker advocacy organization, brought a constitutional challenge against several provisions of the Protection of Communities and Exploited Persons Act (PCEPA), which criminalized the purchase of sexual services and related activities.

The applicants argued that the provisions violated sections 7, 2(b), 2(d), and 15 of the Charter by replicating the harms of the previous prostitution laws struck down in Bedford.

The Superior Court of Justice dismissed the application, finding that the provisions did not violate sections 7, 2(d), or 15 of the Charter.

While the Attorney General conceded that certain provisions violated section 2(b) freedom of expression, the court found these limits were demonstrably justified under section 1 of the Charter as a proportionate response to the pressing and substantial objective of reducing the demand for sex work and protecting vulnerable persons from exploitation.

The applicants sought an order requiring the federal government to regulate Twitter to prevent it from refusing to sell them 'promoted tweets' for their political documentary film.

The Attorney General moved to dismiss the application for failing to state a reasonable cause of action.

The court applied the Supreme Court of Canada's test for positive rights under section 2(b) of the Charter, finding that the applicants were not effectively precluded from meaningful expression, as they could still use regular tweets and other advertising mediums.

The court also held that the relief sought was not justiciable, as it would require the court to set legislative priorities.

The motion was granted and the application was dismissed.

The applicants sought to set aside a NAFTA Chapter 11 arbitral tribunal's damages award, arguing the tribunal exceeded its jurisdiction, breached procedural fairness, and rendered an award contrary to Canadian public policy.

The tribunal had previously found Canada breached its NAFTA obligations regarding an environmental assessment for a proposed quarry, but in the damages phase, awarded only $7 million USD for the lost opportunity of a fair assessment rather than the $440 million claimed for lost profits.

The Superior Court of Justice dismissed the application, finding the tribunal correctly applied the international law standard of proof, did not breach natural justice in its procedural rulings regarding expert reports, and rendered a decision that was not contrary to public policy.

Public interest organizations and individual electors sought an interlocutory injunction to suspend a provision of the Fair Elections Act that prohibited the Chief Electoral Officer from authorizing the Voter Information Card as proof of identity or residence for voting in a federal election.

The applicants alleged the provision infringed the right to vote under s.3 of the Canadian Charter of Rights and Freedoms and risked disenfranchising certain groups.

The court held the challenge raised a serious issue and that disenfranchisement could constitute irreparable harm.

However, binding appellate authority establishes a rule against granting interlocutory relief that effectively suspends electoral legislation immediately before an election.

Applying that principle, the balance of convenience favoured allowing the legislation to remain in force pending a full constitutional hearing.

An advocacy organization challenged the constitutionality of federal legislation repealing the long‑gun registry created under the Firearms Act.

The applicant argued that eliminating the registration requirement for non‑restricted firearms violated s. 7 of the Charter by increasing risks to life and security of the person, and violated s. 15 by disproportionately endangering women, particularly in situations of intimate partner violence.

The court held that the alleged harm resulted from private violence rather than state action and that s. 7 does not impose a positive obligation on the state to maintain a risk‑reduction regulatory scheme.

The evidentiary record failed to establish a causal link between repeal of the registry and increased violence or gender‑based harm.

The legislation was therefore constitutional and represented a policy choice within Parliament’s authority.