Canadian Appeals Courts Finds Ban on Brothels Unconstitutional

March 27th, 2012

Orin links to the opinion. What is interesting about the opinion–and I am not at all versed in Canadian law–is that the Court put the ruling on hold to give Parliament a chance to draft a constitutional statute.

As we will explain, we agree with the application judge that the prohibition on common bawdy-houses for the purpose of prostitution is unconstitutional and must be struck down. However, we suspend the declaration of invalidity for 12 months to give Parliament an opportunity to redraft a Charter-compliant provision.

I can’t imagine an American court doing this, but you know, it makes sense. If the Court, for example, strikes down the entirety of PPACA, oy vey. Shit will hit the fan. I mean, so much stuff will be unknown and uncertain. Even after Vinson found that the Mandate was unconstitutional and not severable, the government moved for clarification to see if he stayed his order pending appeal. I don’t think such a mandate would issue from SCOTUS.