Pierre Trudeau and the Charter – with us still
Today is the 10th anniversary of the death of Pierre Elliott Trudeau, whom I and many Canadians consider our country’s greatest Prime Minister.
The tributes being paid to him today — along with some critical memorials — all make mention of what may be his greatest contribution to Canadian life – the Charter of Rights and Freedoms.
To mark the anniversary of Mr. Trudeau’s death, Wiley & Sons have published Trudeau, a collection of black and white photos taken by photographers of The Canadian Press.
Author Christine Newman summed up Trudeau’s effect on us all in a book she published many years after he left office in 1984:
“He haunts us still.”
So he does. Never more, ironically, than on this anniversary of his death.
Canada’s prostitution laws, a Ontario court ruled today, are a violation of the Charter of Rights and Freedoms. As a consequence, Madame Justice Susan Himel has struck down the three main statutes controlling prostitution in Canada. She has allowed a 30-day discussion period to consider ways in which brothels can operate without offending the public interest.
The decision comes as an almost exquisite coincidence on this day, remembering Mr. Trudeau’s famous declaration that “there is no room for the state in the bedrooms of the nation.”
It was under Mr. Trudeau’s governance that abortion was legalized and laws against homosexuality were abandoned. The law on abortion was later allowed to lapse entirely when Parliament was unable to agree on new legislation.
Today’s Ontario Superior Court ruling applies only to the one province. If it is upheld on appeal to the Supreme Court of Canada, it will mean the end of current prostitution laws right across the country.
At the heart of today’s ruling is Madame Justice Himel’s finding that the present law subjects women to the likelihood of violence and therefore deprives them of the protection of the Charter. She cited the Picton serial killings as irrefutable evidence of this.
The court ruling will be embarrassing to some and distasteful to others. One email to the CBC said Canadians need to decide whether prostitution is morally right or wrong.
No, we need to decide whether our laws are going to victimize people, or protect them.
I was impressed, when I heard lawyer Alan Young declare in a televised news conference this afternoon, that on this issue at last, “rationality has triumphed over hypocrisy and hysteria.” Let us hope this is the case.
The federal justice minister, Rob Nicholson, has said the government is concerned and will appeal the decision. No surprise there.
The right-wing in Canada has long demonized judges who, in its opinion, usurp the rights of parliamentarians to make and uphold law.
You can expect to hear a lot of this nonsense in the months ahead. After passions have cooled, and Madame Justice Himel’s decision has been carefully reflected on, it is sure to be upheld.
Now, if we can only get some rationality in our drug laws and end the senseless and costly “war on drugs,” we’ll all be a lot better off.



