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w w w . C A N A D I A N L a w y e r m a g . c o m M a r c h 2 0 1 4 17 prostitution to Parliament." As McLachlin put it: "e regulation of prostitution is a complex and delicate matter. It will be for Parliament, should it choose to do so, to devise a new approach, reflecting different elements of the existing regime. . . . How prostitution is regulated is a matter of great public concern, and few countries leave it entirely unregulated." Just what the prime minister wanted, to be handed a political and social hot potato in the run-up to a federal election! Stephen Harper must be having nightmares about the Supreme Court of Canada these days. How are the judges going to resolve the Marc Nadon appointment mess, he must wonder, as he tosses and turns in the middle of the night. A decision that Nadon is not eligible to sit on the court would make him look pretty foolish. What about the Senate reference? at could go the wrong way as well. And now, for Pete's sake, prostitution is dumped in his lap. e citizens of Canada want to know, Mr. Harper, what are you go- ing to do about bawdy houses and pimps? Well, at least the top court gave him a year to figure it out. e conventional wis- dom is to just wipe a law off the books, to have it disappear in a puff of smoke, would be destabilizing and foolish. e responsible course of action, so the theo- ry goes, is to give the government time to fix the problem. I'm not sure this means much. For 12 months we are, in theory at least, subject to laws we know to be con- stitutionally invalid. But I can't imagine anyone — police, Crown prosecutors, or judges — enforcing such "laws." So, in effect, the laws are gone when the court pronounces them unconstitutional. We might as well admit it. And, by the way, there is no guarantee the government will figure it out, that it will or can fill a gap created by the court. Look what happened in the most famous Charter case of them all, the 1988 deci- sion R. v. Morgentaler. In Morgentaler, the Supreme Court struck down the Criminal Code provisions dealing with abortion. The judges who did so clearly expected Parliament to fill the legal void they had created. Parliament was unable to do so. In 1988, an abortion law bill was defeated in the House of Commons. In 1989, a bill passed the House but was defeated in the Senate. No abortion legislation has been attempted since. In January 2013, Stephen Harper said in the House: "Abortion is legal in Canada and this government, myself included, have made it very clear that the govern- ment does not intend to change the law in this regard." The Supreme Court had the last word without intending it. The result is Canada is the only country in the western world without laws regulat- ing abortion. e same thing could easily happen in the case of prostitution. It's all very well for McLachlin to say, "How prostitution is reg- ulated is a matter of great public concern, and few countries leave it entirely unregu- lated." But the consequence of Canada v. Bedford might well be, just like abortion, Canada will leave prostitution "entirely unregulated." Philip Slayton is president of PEN Canada, an organization of writers that protects and promotes freedom of expression. Follow him on Twitter @philipslayton. Inter-Pacific Bar Association 24 th Annual Meeting & Conference May 8 th – 11 th , 2014 | Vancouver, Canada Conference Theme: Sustainability in a Finite World The IPBA's Annual Conference is the year's pre-eminent gathering of lawyers with an Asia-Pacific focus. The 2014 Conference will feature: • Opportunities to network with leading lawyers from throughout the Asia- Pacific region and elsewhere around the world. • Over 25 distinguished guest speakers, including leaders from the world of business, policy development, environmental awareness and the law, debating aspects of the Conference theme: Sustainability in a Finite World. • More than 40 breakout sessions presented by the IPBA's 22 practice area Committees on current topics of interest to lawyers with an Asia-Pacific focus and eligible for CLE/CPD credit in many jurisdictions. Special Code: CDNLAWYER - When registering, enter the code CDNLAWYER to receive special pricing for Canadian Lawyer readers. Register for this outstanding event today at www.ipba2014.com! Full details of the Conference are available at www.ipba2014.com. Untitled-2 1 14-02-20 1:36 PM

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