LAWS 3306 Lecture Notes - Lecture 4: Brothel, Fundamental Justice, Due Process
9 Apr 2018
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Document Summary
Packer argues that police are most visible when they did their least important work. Prostitution offences are processed through cjs as assembly line. Most successful due process challenge before charter was bedford. Hutt 1978 scc decision where a conviction was squashed for a women who negotiated a price for sex services to an undercover cop. Judgement held that pressing for information creates a nuisance and that huts behaviour in talking to of cer did not qualify. Example where due process minimized use of criminal sanction. Attempt by municipalities to enact their own by laws to attract penal sentences and resembled criminal law (these attempts were struck down as infringing parliaments exclusive jurisdiction over criminal law: changes post-charter. Conservative government faced pressure from police to deal with issue of prostitution. Parliament enacted new criminal sanctions dealing with prostitution. Failed to control issue of street prostitution.
