The applicant, charged with human trafficking and prostitution-related offences, brought a pre-trial application challenging the constitutionality of sections 286.3 and 286.4 of the Criminal Code.
The applicant relied on a recent Superior Court decision that declared the provisions unconstitutional.
The court declined to follow the prior decision, finding it plainly wrong in its conclusion that Parliament allowed the sale of sexual services.
Instead, the court followed other concurrent decisions upholding the provisions, ruling that the trial would proceed and the constitutional challenge would be fully litigated after the evidence is called.
