Peter Baklinski

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Standing ovation in Commons as Conservatives announce appeal of prostitution ruling

Peter Baklinski
Peter Baklinski
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OTTAWA, Ontario, April 26, 2012 (LifeSiteNews.com) – The Federal Government will appeal a ruling by the Ontario Court of Appeal last month that determined that provisions in the law prohibiting brothels and living from the profit of prostitution were suddenly unconstitutional. Minister of Justice Rob Nicholson told the House of Commons yesterday that Canada’s top court will have a say in the matter.

“After consideration of the ruling from the Ontario Court of Appeal with regards to the Bedford prostitution challenge, I am pleased to inform this House that the government of Canada will seek leave to appeal this decision to the Supreme Court of Canada,” said Nicholson in a statement.

“We believe that a binding national decision is required,” continued Nicholson. “Prostitution is harmful for society as it exploits Canada’s most vulnerable people, especially women. Canadians can continue to count on the government to protect those who are vulnerable to this kind of exploitation.”

The announcement was greeted in the House with cheers, clapping, and a brief standing ovation. One person could be heard saying loudly “well done”.

In its decision Bedford v. Canada (Attorney General), the Court of Appeal determined that Sections 210 and 212 (1) (j) of the federal Criminal Code that regulate prostitution were unconstitutional. It suspended its “bawdy-house” decision for twelve months to give Parliament time to draft a new “Charter-compliant” bawdy-house provision. The overturning of the “living on the avails” of prostitution provision would have taken effect yesterday evening had the Federal Government not appealed the decision.

“It is our position that the Criminal Code provisions are constitutionally sound,” continued Nicholson in his statement to the House. “It is important to clarify the constitutionality of the law and remove the uncertainty this decision has created. The Criminal Code provisions denounce and deter the most harmful and public aspects of prostitution.”

Ex-prostituted women, who have experienced first hand what businessmen call the sex-trade but what they call the “dreadful darkness of sex-slavery”, have breathed a sigh of relief with the news of the appeal.

Tania Fiolleau, a former prostitute and overseer of brothels where hundreds of women were prostituted, told LifeSiteNews that she was “happy” with the Federal Government’s decision to appeal. She denounced the Ontario ruling saying that in her opinion, it “just gives the government a license to be a pimp, because now they can charge taxes to these women”.

She pointed out that if Canada really wanted to “fix the problem of prostitution”, it must adopt the Nordic model, which she said proved very effective in cutting down prostitution in Sweden by approximately 45%, with hardly any of the trade going underground. According to this model, the  buyer is the one who is criminalized, not the prostituted women.

Fiolleau is skeptical that Canada’s politicians and Supreme Court judges will do much to curb prostitution, because she says, some of these very people are the ones using prostitutes. She told LifeSiteNews that people would be outraged if she were to expose the identities of some of the high profile clients who had visited her brothels.

“Members of Parliament and judges aren’t fighting against prostitution because there’re the ones who are buying the services,” she pointed out.

Fiolleau argued recently in an op-ed piece special to LifeSiteNews that “prostitution and brothels should be made illegal in Canada”.

“Some people think that legalizing brothels will make the prostituted women safer and allow them to lead better lives. This is far from the truth. Many of the women working in brothels have already been abused by human trafficking, enslavement to pimps, or by being controlled by criminal organizations through fear and oppression.”

Fiolleau’s will tell anyone who will listen that it is a tragedy for any young girl or women to enter into what she calls the “hell of prostitution.” Prostituted women become what she calls “our nation’s lost women.”

“They become victims of a dark and sinister sex enslavement. Their life is one of agony and horror,” she wrote.

Ex-prostitutes from Montreal had also slammed last month’s ruling saying that legalizing brothels would do nothing to help prostitutes protect themselves from exploitation and abuse when selling sex for profit.

“It’s hypocritical - it’s merely legitimizing pimps into businessmen,” said one ex-prostituted women to the National Post. “Legalizing bordellos is simply telling men it’s OK to go there.”

Gwendolyn Landolt, vice president of REAL Women of Canada, told Postmedia News that the Supreme Court has the power to overturn the lower court’s ruling, but that it would be most effective for the government to circumvent the court’s decision by using the the notwithstanding clause in the Charter of Rights and Freedoms.

“The only remedy is the notwithstanding clause to restrain them (the courts). That’s all that’s left,” she said.

If the Supreme Court accepts the case, it could be as long as two years before a final decision is reached. Legal observers suspect that the two sides will likely appear before the Supreme Court within a month to begin the legal proceedings.


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LifeSiteNews staff

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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

LifeSiteNews staff
By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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