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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 y 2 0 1 4 33 violence against women. I became painfully aware that I was a solitary male standing up and speaking for what women want." But at the eleventh hour, he sought out criminal law powerhouse Marlys Edwardh, whose presence at the appeal would go a long way to muting the criticism levelled at him. Young also faced another, intensely per- sonal distraction. A decade earlier, soon after she left their marriage, his ex-wife had settled into a committed relationship with Justice Michael Moldaver — now a Supreme Court of Canada judge. Young and Moldaver had studiously avoided one another in ensuing years, but their uncom- fortable standoff was about to end. Entering the courtroom for the biggest case of his life, Young was confused about how he viewed Moldaver — not to mention, how Moldaver felt about him. Resentment? Rancor? Nothing at all? However, soon after the nine judges filed into the court- room, Moldaver gazed in Young's direction with a half smile. "I actually felt he was try- ing to reassure me," Young recalls. "It was like he was saying that everything's cool; that everything was in the past — he was where he wants to be, and I was where I wanted to be." In late 2013, the SCC struck down all three provisions. That they did so at all was remarkable. That they did it unanimously was stunning. Young's only disappointment was there was sparse reference to the gov- ernment reports and empirical evidence he had collected. "I actually fault the court for that," he says. "If they want people to believe in their decision, they need to put some of that evidence in the judgment." Young has been neither chastened nor changed by his success in the landmark case. He is as skeptical as he ever was of the judiciary. He remains leery of the law itself and has zero confidence in the politi- cal process, particularly when it comes to legislators deciding what will replace the prostitution law. Sex work activists appear to be getting outflanked by religious and feminist oppo- nents of decriminalization, and debate is gradually focusing on the Swedish model — the attempted abolition of sex work by targeting johns exclusively for prosecution. The prospect fills many sex workers with horror. Rather than empowering them to pursue their chosen vocation, they see the Swedish model as a stifling, paternalistic regime that will send them and their clients back into the dangerous shadows. They believe it would simply drive prostitution underground, as sex workers try to protect their clients from possible arrest and pros- ecution. "It would be huge slap in the face to the Supreme Court's findings," says Scott. Young is loath to see the recriminaliza- tion of consensual acts, but concedes there must be some form of regulation deal- ing with health standards. "People hate it when I say this, but when you buy meat, you believe it to have been inspected and approved," he says. "If you sell your body, I think you should have to do the same." Young has developed a mantra he repeats whenever critics warn his landmark victory may ultimately set back the cause of decriminalized sex work. "I made a principled argument about why the law is flawed," he says. "If we go back to square one after all this work, I won't be happy. But if politicians and the public fuck it up, it won't be my fault." DIRECTORS Benjamin L. Berger Associate Professor Osgoode Hall Law School The Hon. James Stribopoulos Ontario Court of Justice Osgoode's Professional LLM in Criminal Law and Procedure REFLECTING ON YOUR SPECIALTY REFLECTS WELL ON YOU. Enhance your expertise – and your value – by focusing on what interests you most. Taught by leading academics and top practitioners, our Professional LLM in Criminal Law and Procedure offers you the unparalleled flexibility to study with a network of your peers while working full time. STUDY ON SITE AT OUR CONVENIENT DOWNTOWN TORONTO FACILITY, OR VIA VIDEOCONFERENCE – COURSES INCLUDE: > Issues in Criminal Law: History, Evolution & Theoretical Approaches > Criminal Law and the Charter: Implications and Expectations > Persuasion and Proof: Issues in Fact-Finding and Evidence > The Theory and Practice of Punishment > Corporate and Financial Crime and Compliance > International Criminal Law and Regulation: Parts I and II > Aboriginal People and the Criminal Justice System > Wrongful Convictions Professional legal education the way it was meant to be. To learn more or to register for an Information Session, visit www.osgoodepd.ca today. A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING ntitled-3 1 14-04-15 3:11 PM

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