These common elements are law reform efforts; the harm allegedly done to society; the consequences of this harm in the context of the fundamental rights of free thought and expression and the liberty of the individual; and options for criminalization, legalization, and decriminalization. If the Committee were to recommend the continued use of criminal law to deal with pornography and prostitution, Parliament would be free to act on those recommendations. Committee recommendations to enact licensing schemes, another mechanism for dealing with pornography and prostitution, would require action by provincial legislatures. Related to, yet distinct from, the division of legislative power provided for in the Constitution of Canada, is the question of policy as to whether national or local legislation, or possibly some combination of the two, is required in these two areas. Other questions common to both issues is the extent to which the law should enforce morality and the proper role of the criminal law. Seven case citations are given.