 Swingers
clubs don't harm society, top court rules
Wednesday,
December 21
CBC News Clubs
that allow group sex and partner swapping do not harm
Canadian society and should not be considered criminal,
the Supreme Court of Canada ruled Wednesday. The high
court, which was ruling on two Quebec cases, said Canadian
standards can tolerate the activities, even when they
are done amid spectators.
The judges,
in a 7-2 ruling, said the test for indecency is the
harm it causes, and not simply community standards.
The cases involve two swingers clubs in Montreal that
allowed sex acts, including swapping. One case involved
James Kouri, owner of a club called Coeur a Corps. He
was convicted by a lower court on two counts of keeping
a common bawdy house and fined $7,500. The other case
involved Jean-Paul Labaye who ran a members-only club
called L'Orage. He was convicted of keeping a bawdy
house and fined $2,500.
At the Court
of Appeal, however, the cases took different turns.
Labaye's conviction was upheld while Kouri's conviction
was overturned. Now the Supreme Court has given a favourable
ruling in both cases.
Reference
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