Canada (Attorney General) v. Bedford, 2012 ONCA ... - York University

Page: 29analyses that have application beyond the facts of theparticular case. [Emphasis added.][60] These authorities delineate the boundary between binding and non-bindingstatements of the Supreme Court, and they do so based on an inquiry into theCourt‟s substantive reasoning process. Applying Henry and Prokofiew, thequestion becomes: what did the Prostitution Reference decide?Section 7: What did the Prostitution Reference decide?[61] Section 7 of the Charter has two components: the deprivation of a right(life, liberty and security of the person) and a subsequent inquiry into the natureof that deprivation (whether it accords with the principles of fundamental justice).[62] In this case, it is tempting to view the questions asked in the ProstitutionReference, combined with the simple answers given by Dickson C.J., at p. 1143,as the ratio of the case:Question:Answer:Question:Answer:1. Is s. 193 of the Criminal Code of Canadainconsistent with s. 7 of the CanadianCharter of Rights and Freedoms?No.2. Is s. 195.1(1)(c) of the Criminal Code ofCanada inconsistent with s. 7 of theCanadian Charter of Rights andFreedoms?No.[63] However, we do not think that this comports with the view of stare decisisoutlined above.