Bedford et al. v. Canada (Attorney General) et al.,

JurisdictionOntario
JudgeGoudge, Cronk and Epstein, JJ.A.
CourtCourt of Appeal (Ontario)
Citation2009 ONCA 669,(2009), 255 O.A.C. 21 (CA)
Date10 September 2009

Bedford v. Can. (A.G.) (2009), 255 O.A.C. 21 (CA)

MLB headnote and full text

Temp. Cite: [2009] O.A.C. TBEd. SE.041

Terri Jean Bedford, Amy Lebovitch and Valerie Scott (applicants/respondents) v. Attorney General of Canada (respondent/respondent) and Attorney General of Ontario (intervenor/respondent)

(C50823; 2009 ONCA 669)

Indexed As: Bedford et al. v. Canada (Attorney General) et al.

Ontario Court of Appeal

Goudge, Cronk and Epstein, JJ.A.

September 22, 2009.

Summary:

The applicants sought a declaration that certain sections of the Criminal Code criminalizing activities related to prostitution violated the Charter of Rights and Freedoms. The Christian Legal Fellowship, REAL Women of Canada and Catholic Civil Rights League sought leave to intervene as a friend of the court (Civil Procedure Rules, 13.02).

The Ontario Superior Court of Justice, in a decision reported at [2009] O.T.C. Uned. F.09, dismissed the motion. The proposed intervenors appealed.

The Ontario Court of Appeal allowed the appeal and granted the motion.

Practice - Topic 681

Parties - Adding or substituting parties - Intervenors - Persons who may apply - The applicants sought a declaration that certain sections of the Criminal Code criminalizing activities related to prostitution violated the Charter of Rights and Freedoms - The Christian Legal Fellowship, REAL Women of Canada and Catholic Civil Rights League sought leave to intervene as a friend of the court (Civil Procedure Rules, 13.02) - The motion judge dismissed the motion on the basis that the proposed intervenors would not make a useful contribution to the resolution of any issue that needed to be determined - The Ontario Court of Appeal allowed the proposed intervenors' appeal and granted the motion - The intervenors' position was that the constitutionality of the challenged laws could be supported by the moral values of Canadian society - Contrary to the motion judge's finding, that position was clearly described - The applicants had indicated that the moral issue would be raised - The court concluded that the intervenors might be able to make a useful contribution to the application without causing injustice to the immediate parties.

Practice - Topic 682

Parties - Adding or substituting parties - Intervenors - Interest in subject matter - [See Practice - Topic 681].

Cases Noticed:

Ontario (Attorney General) v. Dieleman (1993), 16 O.R.(3d) 32 (Gen. Div.), refd to. [para. 2].

Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R.(2d) 164 (C.A.), refd to. [para. 2].

GEA Group AG v. Ventra Group Co. et al. (2009), 254 O.A.C. 198; 2009 ONCA 619, refd to. [para. 3].

Counsel:

Derek J. Bell, Ranjan K. Agarwal and Alexie S. Landry, for the appellants, Christian Legal Fellowship, REAL Women of Canada and Catholic Civil Rights League;

Ron Marzel, for the respondents, Terri Jean Bedford, Amy Lebovitch and Valerie Scott;

Roy Lee and Michael H. Morris, for the respondent, Attorney General of Canada;

Christine Bartlett Hughes, for the respondent, Attorney General of Ontario.

This appeal was heard on September 10, 2009, before Goudge, Cronk and Epstein, JJ.A., of the Ontario Court of Appeal, who released the following decision on September 22, 2009.

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
28 practice notes
  • Ontario Court Of Appeal Summaries (January 14 – 18, 2019)
    • Canada
    • Mondaq Canada
    • 24 January 2019
    ...Constitutionality, Interveners, Greenhouse Gas Pollution Pricing Act, SC 2018, c 12, s 186, Bedford v Canada (Attorney General), 2009 ONCA 669 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought about your specificuncil......
  • Bedford v. Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 28 September 2010
    ...this application as a friend of the court pursuant to rule 13.02 of the Rules of Civil Procedure : Bedford v. Canada (Attorney General) , 2009 ONCA 669. The Court of Appeal held that the CLF met several of the criteria for intervention outlined in Ontario (Attorney General) v. Dieleman (19......
  • Tribunal Procedures Before Hearings
    • Canada
    • Working with the Law Collection Administrative Law: Principles and Advocacy, 4th Edition Part II: Advocacy
    • 12 May 2020
    ...(Attorney General) (2001), 147 OAC 355 (CA) 1162994 Ontario Inc v Bakker (2004), 184 OAC 157 (CA) Bedford v Canada (Attorney General) , 2009 ONCA 669, 98 OR (3d) 792 Nova Scotia (Workers’ Compensation Board) v Martin; Nova Scotia (Workers’ Compensation Board) v Laseur , 2003 SCC 54, [2003] ......
  • Tanudjaja et al. v. Canada (Attorney General) et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 3 April 2013
    ...is involved, there are additional considerations to be accounted for on a motion to intervene: In Bedford v. Canada (Attorney General), 2009 ONCA 669, this court explained that where an applicant seeks to intervene in a Charter case, at least one of three criteria is usually met: (i) the ap......
  • Get Started for Free
24 cases
  • Bedford v. Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 28 September 2010
    ...this application as a friend of the court pursuant to rule 13.02 of the Rules of Civil Procedure : Bedford v. Canada (Attorney General) , 2009 ONCA 669. The Court of Appeal held that the CLF met several of the criteria for intervention outlined in Ontario (Attorney General) v. Dieleman (19......
  • Tanudjaja et al. v. Canada (Attorney General) et al.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 3 April 2013
    ...is involved, there are additional considerations to be accounted for on a motion to intervene: In Bedford v. Canada (Attorney General), 2009 ONCA 669, this court explained that where an applicant seeks to intervene in a Charter case, at least one of three criteria is usually met: (i) the ap......
  • Toussaint v Attorney General of Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 12 December 2024
    ...friend of the court for the purpose of rendering assistance to the court by way of argument. 25 In Bedford v. Canada (Attorney General), 2009 ONCA 669, 98 O.R. (3d) 792, at para. 2, and Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164,......
  • Dichmont Estate v. Newfoundland and Labrador (Government Services and Lands),
    • Canada
    • Supreme Court of Newfoundland and Labrador (Canada)
    • 1 February 2019
    ...[1985] 2 S.C.R. 455; Trinity Western University v. Law Society of Upper Canada, 2014 ONSC 5541; Bedford v. Canada (Attorney General), 2009 ONCA 669; The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2018 ONSC 579   STATUTES CONSIDERED:......
  • Get Started for Free
2 firm's commentaries
  • Ontario Court Of Appeal Summaries (January 14 – 18, 2019)
    • Canada
    • Mondaq Canada
    • 24 January 2019
    ...Constitutionality, Interveners, Greenhouse Gas Pollution Pricing Act, SC 2018, c 12, s 186, Bedford v Canada (Attorney General), 2009 ONCA 669 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought about your specificuncil......
  • A Little Help From Our Friends (Of The Court): Public Interest Interventions In Ontario Courts
    • Canada
    • Mondaq Canada
    • 15 February 2017
    ...at para 4. Trinity Western University v Law Society of Upper Canada, 2014 ONSC 5541, at para 5. Bedford v Canada (Attorney General), 2009 ONCA 669, 98 OR (3d) 792, at para TWU, at para 10. SO 1992, c 6. Fontaine, at para 24. Fairview Donut Inc. v The TDL Group Corp., 2008 CanLII 60983 (ON S......
2 books & journal articles
  • Tribunal Procedures Before Hearings
    • Canada
    • Working with the Law Collection Administrative Law: Principles and Advocacy, 4th Edition Part II: Advocacy
    • 12 May 2020
    ...(Attorney General) (2001), 147 OAC 355 (CA) 1162994 Ontario Inc v Bakker (2004), 184 OAC 157 (CA) Bedford v Canada (Attorney General) , 2009 ONCA 669, 98 OR (3d) 792 Nova Scotia (Workers’ Compensation Board) v Martin; Nova Scotia (Workers’ Compensation Board) v Laseur , 2003 SCC 54, [2003] ......
  • Male Violence Against Women in Prostitution: Weighing Feminist Legislative Responses to a Troubling Canadian Phenomenon
    • Canada
    • Appeal: Review of Current Law and Law Reform No. 15, January 2010
    • 1 January 2010
    ...regarding intervenor applications are Bedford v. Canada (Attorney General) , [2009] O.J. No. 2739, 2009 CanLII 33518 (Ont. S.C.J.), rev’d 2009 ONCA 669, [2009] O.J. No. 3881. 19. Assisted Human Reproduction Act , S.C. 2004, c. 2 [ AHRA ]. The AHRA came into force on April 22, 2004, with the......