MacKay Confirms No outside Legal Help Sought on Prostitution Bill

This article was last updated on April 16, 2022

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Canada’s Justice Minister Peter MacKay has revealed that the government did not seek any outside advice on its new prostitution law, especially on whether it will pass a constitutional challenge or not. However, he did admit that a legal challenge is a likelihood.

Peter MacKay was present in Ottawa on Monday morning to testify at a rare summer hearing as the House of Commons justice committee examined Bill C-36, which the federal government tabled after the Supreme Court struck down Canada’s prostitution laws last December. The Supreme Court allowed the government a one year time to put new laws into effect, which means that the government only has the next five months to pass bill C-36. It is widely anticipated that the bill will have to face a legal challenge by those who are fighting for the safety of sex workers and call it unconstitutional.

However, Mr. MacKay mentioned on Monday that the government is confident that the bill is constitutional, however he confirmed that it did not seek an outside legal opinion on the matter. Instead, he alleged that the government sought the opinion of its own lawyers, which said the bill goes beyond the Bedford requirements and will pass muster. Mr. MacKay informed MPs that “this bill we believe is Charter-compliant and consistent with precedent.” Afterwards, he rejected an NDP suggestion to refer the bill immediately to the Supreme Court, saying that “we’re not going to send it back to the Supreme Court. That’s not going to happen.”