The Attorney General of Canada brought a motion to stay the judgment of the Superior Court of Justice, which struck down several prostitution-related provisions of the Criminal Code as unconstitutional, pending appeal.
The moving party argued that the judgment created a legislative void with profound implications for the public interest.
Applying the RJR-MacDonald test, the court found that there was a serious issue to be tried, the government would suffer irreparable harm to the public interest without a stay, and the balance of convenience favoured maintaining the status quo.
The motion was granted and the judgment was stayed for a limited period to permit appellate review.
