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These are three distinct principles, but overbreadth is related to arbitrariness, in that the question for both is whether there is no connection between the law’s effect and its objective.
All three principles compare the rights infringement caused by the law with the objective of the law, not with the law’s effectiveness; they do not look to how well the law achieves its object, or to how much of the population the law benefits or is negatively impacted.
Street prostitutes—who the application judge found are largely the most vulnerable class of prostitutes, and who face an alarming amount of violence (para.
361)—were able to bring clients to Grandma’s House. 210, and although the charges were eventually stayed—four years after they were laid—Grandma’s House was shut down (supplementary affidavit of Dr.
She is also concerned that her partner will be charged with living on the avails of prostitution." Finally—a point developed in argument before us—the bawdy-house prohibition prevents resort to safe houses, to which prostitutes working on the street can take clients. For these people, the ability to work in brothels or hire security, even if those activities were lawful, may be illusory. The Supreme Court of Canada, in a unanimous decision, recognized the profound harm caused by Canada’s prostitution laws.