I erroneously posted in my April 17, Anniversary review of the Charter, that the Skapinker case was the first employment case to consider the Charter. Having had occasion to do a little research on Non Standard Employment, I discovered that the Westerhouse case was the first. In that case the accused and her friend, were "working girls" who approached an undercover police officer and offered to "work" for the fellow in exchange for money. They argued that the Calgary by-law that prevented them from working the Streets infringed on their s.7 rights. Section 7 provides:
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Unfortunately, that argument was dropped by the time the case reached the Supreme Court of Canada.
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