Good facts make good law. And at the Supreme Court of Canada, good social and legislative facts can change the law. Between December 2013 and November 2015, the Supreme Court released Bedford, Carter, and Caron, three decisions that ruled on the same three constitutional issues the Court had ruled on 20 to 30 years earlier. In the Prostitution Reference, Rodriguez, and Mercure, the “first versions” of each case, the Court had refused to find in favour of the claimants. Neither the factual records nor the interpretation of the relevant provisions allowed the Court to establish the existence of their constitutional rights.
Rouleau, Nicolas M..
"Caron, Carter, and Bedford at the Supreme Court of Canada: Society Can Change But History Will Always Stay the Same."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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