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Buggery law hearing to start in Supreme Court today

Published:Friday | October 4, 2013 | 8:39 AM

The hearing of an application by a gay rights activist challenging the buggery law is expected to start in the Supreme Court today.

Javed Jaghai, who is being represented by Maurice Tomlinson, wants the court to determine if the anti-sodomy law breaches rights guaranteed under the Charter of Fundamental Rights and Freedoms which he contends guarantees the right to privacy.

In June when the matter was first mentioned, Justice Carol Edwards found several inconsistencies in documents before the court and pushed back the case to allow for corrections to be made.

Jaghai was given until July 5, to amend his affidavit after it was found to contain hearsay.

It was also determined that aspects of the affidavit were not directly related to the claimant.

The Attorney General, which was named as a defendant in the matter, was given until September 16 to file and serve an affidavit response.

The Attorney General is being represented by Solicitor General Nicole Foster Pusey and Attorney-at-Law Carlene Larmond.

Several christian denominations and advocacy group Hear the Children’s Cry have also been given permission to join the case as interested parties.


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