September/October 2009

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REAL Women, together with the Christian Legal Fellowship and the Catholic Civil Rights League applied to intervene in the legal challenge of the prostitution law.  However, Mr. Justice Ted Matlow of the Ontario Superior Court refused our application.  His reasons for doing so, if left unchallenged, would have set a very dangerous precedent.  He refused our application on the grounds that our views “reflect the views of only a small segment of Canadian society,” would create the impression that the court and intervenors had a “special relationship,” and that our intervention would be “very controversial.”  His decision certainly created a new law on court interventions.  It appears to have been based more on politics than legal precedent.

His decision was appealed, and on September 23^rd, 2009, his decision was overturned by the Ontario Court of Appeal.  In a 3-0 ruling, the appeal court said that our organization had a legitimate contribution to make to an issue that has a clear moral dimension.

It then ruled that Mr. Justice Ted Matlow of the Ontario Superior Court had misunderstood the case and used flawed reasoning in his decision to exclude us.

The case will be argued before the Ontario Superior Court commencing Monday, October 5, 2009.

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