Making law in Canada: courts or Parliament, notes on the prostitution case, Bedford v. Canada

The Bedford case shows that private-sector actors can create new law through the courts on matters that prior to the 1982 Charter of Rights would likely have been addressed in Parliament.

There are several ways in which law is made in Canada. The most widely understood one is the passage of a statute or amendments to a statute by Parliament. Far less visible is the creation of new regulations or subordinate legislation (or amendments thereto) by the Special Committee of Council, a...

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