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CBC.CA News - Full Story :
Swingers clubs not harmful to society: top court
Last Updated: Dec 21 2005 02:52 PM EST
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.

Interior of a Montreal swinger club
The judges, in a 7-2 ruling, said the test for indecency is the harm it causes, and not simply community standards.

The ruling says, for example, there was no evidence of anti-social attitudes toward women or men, no one was pressured to have sex, no one paid for sex and nobody was treated as a sexual object.

The cases involved two swingers clubs in Montreal that allowed sex acts that included 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.

YOUR SPACE: Letters on the Supreme Court ruling

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.


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