Does a by-law purporting to regulate a city street create an offence of being on a street for the purposes of prostitution?
British Columbia, Canada
The following excerpt is from District of Maple Ridge v. Meyer, 2000 BCSC 902 (CanLII):
Where under a provincial law an offence is created which infringes upon the field of criminal law it will be found ultra vires. In Westendorp v. The Queen, 1983 CanLII 1 (SCC), [1983], 1 S.C.R. 43, 2 C.C.C. (3d) 330 a by-law purporting to regulate city streets created an offence of being on a street or approaching a person on a street for the purposes of prostitution was held to be ultra vires as over-reaching and offending against the division of power.
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