The city of New Westminster, British Columbia is concerned about an excessive amount of prostitution activity taking place in its Quay neighbourhood. The Federal Criminal Code of Canada prohibits some kinds of activities related to the prostitution trade, including making it illegal to purchase prostitution services. You do not need to know anything about the criminal code sections here- only that the law exists.

To control prostitution activity in New Westminster, the local City government passes a law that designates one area of four city blocks in North New Westminster (far away from the Quay area) where people are permitted to buy and sell prostitution services, and communicate for this purpose. The new law authorizes city bylaw officers to fine people $500 if they engage in this activity anywhere in New Westminster outside of the four designated blocks.

Evgeni purchased prostitution services in the Quay area of New Westminster, and a city by-law officer caught him and fined him $500. Evgeni wants to fight this $500 penalty. Evgeni admits what he did violates the New Westminster bylaw, so what he intends to do in court - with the help of a lawyer - is challenge the validity of the law itself. Evgeni argues that the city of New Westminster does not have the right to make this law under which he is being charged $500. Please note that New Westminster gets its power and ability to make bylaws from the provincial (BC) government.

Using Constitutional Law we studied in class, explain whether Evgeni will win his case in court. Use the IRAC method to answer this question.