The Lawyers Weekly - April 6, 2012

n;Thomas Molloy, one of Can-
ada’s most prominent First
Nations negotiators and business
law experts, is one of four recent
appointments to Miller Thomson
LLP’s Saskatoon office. Molloy is
best known as the federal gov-
ernment’s lead negotiator in talks
that led to the creation of
Nunavut in 1999. He will be
joining the firm’s national aborig-
inal law group with a view to con-
tinued growth in that practice.
Other additions to the Saskatoon
office include: Crystal Taylor in
the tax law group, Chad
Eggerman in the mining and
resource law practice, and
Haidah Amirzadeh in immigration
law group.
n;Kamleh Nicola has joined
Baker & McKenzie LLP’s intellec-
tual property practice in its
Toronto office. Nicola’s practice
focuses on patent and trademark
litigation with an emphasis on
pharmaceutical matters, including
patent infringement cases, pro-
ceedings under the Patented
Medicines (Notice of Compliance)
Regulations, as well as food and
drug regulatory matters. With
more than 20 years’ experience,
Nicola has appeared as counsel
before federal and provincial
courts. She was previously with
Torys LLP.

Bedford
Continued From Page 1

The Court of Appeal split 3-2 last month to uphold the constitutionality of the Criminal Code’s ban on communicating for the purposes of prostitution. The judges were unanimous, however, in striking down the prohibition on bawdy houses.

They went on to suspend their declaration for a year to give the federal government time to draft a Charter-compliant law.

The panel also narrowed the blanket offence of living on the avails of prostitution to restrict it to exploitive relationships. The judges suspended that ruling for 30 days to give the federal and Ontario governments time to seek a stay should they opt to seek leave to appeal.

(At press time, neither side in Canada v. Bedford had announced whether they would seek to appeal the March 26 decision).

If the Supreme Court does hear the case, it will face more powerful arguments and evidence than it did 22 years ago when it upheld the bawdy house and soliciting provisions in the 1990 Prostitution Reference, said Andrew Lokan of Toronto’s Paliare Roland.

AWARDS

n;Aikins MacAulay & Thorvaldson LLP recently won first place in the advertising campaign category at the Legal Marketing Association’s Your Honour Awards. Billed as the law industry’s Oscars, Emmys and McArthur Foundation awards all rolled up in one, the program is the longest-running annual North

“To the extent that there might have been hopes in 1990 that we could get a more modern and nuanced look at the broader issues of prostitution coming from the legislature, that clearly didn’t happen,” said Lokan, one of the lawyers for the intervener Canadian Civil Liberties Association. “And I think there has also been an increased appreciation of the dangers that commercial sex workers face.”

American event recognizing excellence in legal marketing. The “Aikins Was There” campaign developed by Think Shift Advertising Inc. led the Manitoba-based firm to win the legal marketing award. The print and web-based ads promoted clients’ successes.

THE LAWYERS WEEKLY

International firms Sedgwick LLP and K&L Gates LLP took second and third place in the category.

Osgoode Hall law school professor Alan Young, lead counsel for the three sex workers who launched the Charter challenge, said there are strong similarities between Bedford and the Supreme Court’s Insite decision last year that ruled unconstitutional the federal government’s bid to criminalize a supervised drug injection site.

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

AARON VINCENT ELKAIM / THE CANADIAN PRESS

Nikki Thomas, Terri-Jean Bedford and Valerie Scott at a Toronto news conference after the March 26 ruling.

“The bottom-line principle
that emerges in both cases is the
law cannot operate in a manner
to increase a risk of harm,” Young
said. “The law is supposed to pro-
tect us, and protect our vulner-
abilities.”
He added he will cross-appeal
if the federal and Ontario govern-
ments appeal and is still consid-
ering whether to appeal the deci-
sion upholding the
communicating provision.

Federal Justice Minister Rob Nicholson told reporters after the ruling was issued, that the federal government continues to see a social need for laws to control prostitution and its effects on society.

In its ruling, the Court of Appeal unanimously affirmed Superior Court Justice Susan Himel’s decision to strike down the prohibition on common bawdy houses, which bars prostitutes from offering their services out of their homes, brothels or other fixed locations.

“The bawdy house provisions
aim to combat neighbourhood
disruption or disorder and to safe-
guard health and safety,” said Jus-
tices David Doherty, Marc Rosen-
berg, and Kathryn Feldman in a
majority judgment backed on this
point by Justices James MacPher-
son and Eleanore Cronk.

Publisher

Julie Murtha

Editor In Chief

Rob Kelly

Senior Editor

Shannon Kari

Focus Editor

Matthew Grace, LL.B.

Ottawa Bureau Chief

Cristin Schmitz

Art Director

Tammy Leung

Production Coordinator

Pauline Braithwaite

Interns

Karen Alexiou & Anum Lateef

Correspondents

Luigi Benetton, Toronto Arnold Ceballos, LL.B., Toronto Thomas Claridge, Toronto Christopher Guly, Ottawa Jeremy Hainsworth, Vancouver Geoff Kirbyson, Winnipeg Luis Millan, Montreal donalee Moulton, Halifax Mike Sadava, Edmonton

® THE LAWYERS WEEKLY VOL. 22, NO. 27 NE WS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

THE LAWYERS WEEKLY

Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION December 6, 2002

THE LAWYERS WEEKLY

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002 VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

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