R v Labaye [2005] SCC 80
A splendid decision of the Supreme Court of Canada in which they re-interpret the definition of “indecent” – moving from the previous community standards test to a harm-based analysis.
No doubt the facts will excite students too – with the charge being keeping a common bawdy‑house for the practice of acts of indecency arising from the operation of a swingers club. There’s also a companion case: R v Kouri [2005] SCC 81 (a bar for “liberated couples” to have group sex). No chance for additional comment - but will try and pull things together post Xmas.
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