R. v. N.S.

R. v. N.S.

The Court granted a stay of the trial judge's declarations of invalidity until November 19, 2021 because the Crown met the RJR‑MacDonald test: there is a serious question to be tried regarding the validity of s.286 provisions, the evidentiary record demonstrated irreparable harm to the public interest and law...

Source-derived case information.

Citation
2021 ONCA 694
Parties
Applicant/appellant: Her Majesty the Queen; Respondent: N.S.; Intervener: Criminal Lawyers' Association (Ontario)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 October 2021
Procedural Posture
Criminal / Stay Application Pending Appeal at Court of Appeal
Outcome
Stay granted
Legal Topics
Charter S.7, Stay Motion, Prostitution Legislation (criminal Code S.286), Judicial Review of Statutory Validity
Source Language
english
Criminal Law Constitutional Law Charter S.7 Stay Motion Prostitution Legislation (criminal Code S.286) Judicial Review of Statutory Validity

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Parties

Her Majesty the Queen

Applicant/appellant

N.S.

Respondent

Criminal Lawyers' Association (Ontario)

Intervener

Procedural Posture

Criminal / Stay Application Pending Appeal at Court of Appeal

Legal Issues

  1. 1 Whether Criminal Code ss.286.2, 286.3(1) and 286.4 infringe Charter rights (ss.2(b), 2(d), 7) and are saved by s.1
  2. 2 Whether a stay of the trial judge's declaration of invalidity should be granted pending appeal under the RJR‑MacDonald test

Ratio Decidendi

The Court granted a stay of the trial judge's declarations of invalidity until November 19, 2021 because the Crown met the RJR‑MacDonald test: there is a serious question to be tried regarding the validity of s.286 provisions, the evidentiary record demonstrated irreparable harm to the public interest and law enforcement if the declarations took immediate effect, and the balance of convenience favoured maintaining the status quo pending the appeal.

Court Disposition

Stay granted

Orders

  • Stay of the trial judge's declarations of invalidity maintained until November 19, 2021; appeal to be heard November 19, 2021