PHI 3395 Lecture Notes - Lecture 11: Brothel, Wolfenden Report, Indecent Exposure
20 Oct 2016
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Prostitution: bedford scc 2013, protect communities 2015, v. labaye [2005] 3. Issue: public indecency regarding sex club in montreal. Facts: club in montreal for group sex, access to members only, separate floors, etc. Courts decision: shift to harm-based principle (page 337, what community would tolerate based on harm. N. b. also test of degree: ban behaviour only if to degree incompatible with the proper functioning of society (page 339) Attitudes in themselves are not crimes, however deviant they may be or disgusting they may appear. What is required is proof of links, first between the sexual conduct at issue and the formation of negative attitudes, and second between those attitudes and real risk of anti-social behaviour (not in text) Need evidence of this: a conviction must be based on evidence establishing beyond a reasonable doubt actual harm or a significant risk of harm. The focus on evidence helps to render the inquiry more objective.
