Canadian Lawyer

OPINION for strictly controlled physician-assisted suicide and Rodriguez could be reversed. But meanwhile, Prime Minister Stephen Harper is busy appointing conservativeminded judges to the court. Every vote counts: Abella, we need you to stick around for this one, if I read your sympathies right. Charmed, I'm sure. I began my recent book on the Supreme Court by suggesting the Charter would bring together two women who are otherwise unlikely ever to be in the same room — Chief Justice Beverley McLachlin and dominatrix Terry-Jean Bedford (known professionally as "Madame de Sade"). In a case brought by Bedford and two other sex-workers, a trial judge and then the Ontario Court of Appeal found Criminal Code provisions limiting the ability of sextrade workers to protect themselves are contrary to the Charter's s. 7 guarantee of a person's right to liberty and security of the person. The courts decided, among other things in Canada (Attorney General) v. Bedford, prostitutes have the constitutional right to work in a brothel, instead of being forced onto the streets where danger may lurk. In October, the SCC gave the government of Canada leave to appeal. The case is scheduled for June 2013. I don't suppose the chief justice and Bedford, who loves publicity and is bound to be present at the hearing, will shake hands, but there might be eye contact. Rob Nicholson's loopy letter. A freedom of information request unearthed a 2011 letter from Minister of Justice Rob Nicholson to an unidentified recipient in which he argued, according to a November Canadian Press story, "bilingualism will never trump merit or the ability to get along with colleagues when it comes to appointing judges to the Supreme Court." Talk about a straw man! No one has ever argued that bilingualism should trump merit or collegiality. What some people say (I'm one) is that bilingual lawyers of merit and collegiality are the ones who should be appointed. We recognize, of course, that antediluvian unilingual advocates who still harbour hopes of a senior judicial appointment will wave the spurious flags of merit and collegiality in an attempt to justify bad policy. Dumb, dumber, dumbest. It happened at the tail end of 2011, but the worst decision in the last year was Reference re Securities Act. The court, in a unanimous advisory opinion, found the draft Securities Act proposed by the federal government to be unconstitutional. The draft act provided for a national securities regulator, something that everyone who knows anything about the capital markets considers essential. Using an antiquated division-of-powers approach, the court said, "Parliament cannot regulate the whole of the securities system simply because aspects of it have a national dimension." What a bad decision! That's a wrap for 2012. What delights will 2013 bring? Philip Slayton's latest book, Mighty Judgment: How the Supreme Court of Canada Runs Your Life, is now available in paperback. Follow him on Twitter @philipslayton. NEW EDITION BRITISH COLUMBIA SUPREME COURT RULES ANNOTATED 2013 ALLAN P. SECKEL, Q.C., AND JAMES C. MacINNIS British Columbia Supreme Court Rules Annotated 2013 delivers valuable insights on how to navigate the rules. Get expert commentary, case annotations and depth of content – providing relevant, time-saving perspectives with every issue. Also included − a convenient CD-ROM with all text and customizable forms. ORDER # 985085-65203 $88 Softcover + CD-ROM approx. 1750 pages September 2012 978-0-7798-5085-3 Annual volumes available on standing order subscription Multiple copy discounts available Practice Advisor available on standing order subscription upon request Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. INCLUDES THE CRITICAL INFORMATION YOU'LL NEED TO APPLY THE RULES EFFECTIVELY: • Full text of the British Columbia Supreme Court Rules, Forms and Appendices • Expert commentary and case annotations for the B.C. Supreme Court Rules • Table of Substantially Unchanged Rules summarizing those pre-2010 Rules that remain substantially unchanged • Supreme Court Family Rules, Forms and Appendices • Court of Appeal Rules, Forms, and Appendices • Other pertinent acts including Class Proceedings Act, Court Jurisdiction and Proceedings, Transfer Act, Court of Appeal Act, Court Order Interest Act, Evidence Act, and Interpretation Act BONUS OFFER FOR STANDING ORDER SUBSCRIBERS Get British Columbia Civil Practice Advisor, free with your standing order subscription, upon request. AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 www.CANADIAN L a w ye r m a g . c o m Jan uary 2013 17

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