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Charter - s.7 Arbitrariness. R. v. Kloubakov
In R. v. Kloubakov (SCC, 2025) the Supreme Court of Canada dismissed a criminal appeal, this from an Alberta CA ruling that allowed a Crown appeal against an Alberta QB decision in which "the trial judge held that these offences [SS: 'receiving a material benefit from sexual services and of procuring': CCC 286.2 and 286.3] prohibited the safety measures contemplated in Bedford [SS: Canada (Attorney General) v. Bedford (SCC, 2013)] and therefore infringed s. 7 of the Charter".
Here the court considers the Charter s,7 issue of 'arbitrariness':[138] A law is arbitrary if “there is no connection between the effect and the object of the law” (Bedford, at para. 98; see also paras. 99-100). A law will be considered arbitrary for the purposes of s. 7 if it imposes limits on life, liberty, or security of the person “that have no connection to [the law’s] purpose” (R. v. Smith, 2015 SCC 34, [2015] 2 S.C.R. 602, at para. 23; P. W. Hogg and W. K. Wright, Constitutional Law of Canada (5th ed. Supp.), at § 47:24; H. Brun, G. Tremblay and E. Brouillet, Droit constitutionnel (6th ed. 2014), at para. XII-6.66).
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