Canadian Supreme Court: Swinging Clubs are Legal
 

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Sexy 'swingers clubs' okay, Supreme Court rules
CTV.ca News Staff

Canada's top court says clubs that feature group sex and partner-
swapping are perfectly legal.

In its 7-2 decision released Wednesday, the Supreme Court of Canada
said, because consensual sexual activity in a private club poses no
threat to society, it shouldn't be considered criminal.

The ruling sets a single standard, after lower courts went in
opposite directions on two similar cases involving a pair of so-
called 'swinger clubs' in Montreal.

In one case, the owner of a singles club was convicted on two counts
of keeping a common bawdy house and fined a total of $7,500.

James Kouri's Coeur a Corps featured a dance floor around which a
black curtain would swing every half hour. People hidden behind the
drapery could then take part in or watch sex acts.

In the other case, Jean-Paul Labaye ran a the owner of the members-
only "liberated couples" club L'Orage was also convicted of keeping
a bawdy house and fined $2,500.

Members of Labaye's club could enter a locked room where they could
take participate in or watch sex acts.

While Kouri's conviction was overturned by the Quebec court of
appeal, Labaye's was upheld. Because a judge dissented in each of
those decisions, they both wound up in front of the Supreme Court.

Under the Criminal Code, a "bawdy house" is defined as a place used
or frequented for prostitution or "for the purpose of acts of
indecency."

Because there was no money paid for the sex acts at the heart of the
two cases, the prostitution issue was moot -- leaving the case to be
decided in terms of indecency.

The definition of indecency is typically measured against what
ordinary Canadians will tolerate.

But in their ruling Wednesday, the Supreme Court judges said the
test for indecency should not simply be whether an activity violates
a "social consensus" of community standards, but the actual harm it
causes.

"Consensual conduct behind code-locked doors can hardly be supposed
to jeopardize a society as vigorous and tolerant as Canadian
society," Chief Justice Beverley McLachlin wrote in the majority
decision.

The decision is expected to open the door for venues across Canada
to begin offering their facilities to consenting adults for the
purposes of group sex -- without fear of legal reprisals.

Canada is an awesome country. :thumbsup Years ahead of their challenged neighbours to the south.

There are a number of quotes that can be taken from the ruling and applied to other "adult" activities.

I hope this will truly be a revolutionary ruling.

That's great news ! Club orage will be much much bigger.

Yeah I was thinking the same thing myelf when I read the article, especially pertaining to community standards.

Its about damn time!!!! Mums and I were looking for something new to do!

And same-sex civil marriages legal in the UK today too.

All in all a pretty good day for sexual freedom... outside the US, China and Saudi Arabia of course.

Nice.... Too bad the US is so fucking oppressive.

That?s a joke.

American?s have more civil liberties than anyone other country in the world.

LMAO!! Don't believe everything your leaders tell you.

The "Land of the Free" thing may have been true a hundred years ago, but since then the world has passed you Americans by. Citizens in Western Europe, and Canada have far more individual freedom than Americans.

Just one small example: http://www.google.ca/search?hl=en&q=...ldo+laws&meta=

I would think the recent controversy about Bush's circumnavigation of the constitution as it pertains to wiretapping would be a further hint that you are not really as free as you like to think.

I know it's hard for some of you Americans to accept, but you have been brainwashed into thinking that your country is some sort of beacon of freedom - it is, but only for people in places like Saudia Arabia and China.

I recommend a little less Fox News for you.

I foresee an exodus.. :)

Can you name one?

A single one?

Great news indeed..

Read that earlier, and I am moving north!

:1orglaugh :1orglaugh
Owned right there.

Actually yeah ... the liberty to bomb irak without UN authorization if they want too, be cause they got all the weapons.

what happens if you get caught with an ounce of pot in Canada?

I think I need to move to Canada. :winkwink:

Depends on the cop. Some will just take ( i am sure they turn it in...lol)

The worst they can do is give you a ticket to show up in court. if it is broken up into smaller units they will take you to jail and charge you with "possesion for the purpose of trafficking"

:pimp

Canada is now the swinging capital of the world

That's not exactly it.

0-14 grams is considered possession. They CAN give you a ticket, but most likely won't.

14-28 is a different thing. It varies ... mostly between jusridictions... If they are split, there are a lot higher chances they'll charge you for selling, but if you have it all in one OZ, they'll take it and give you a ticket most of the time. You might have to appear in front of a judge .