« Repost, By Request: How Many Five Year Olds Could You Take In A Fight? | Main | Osama Bin Ladin's Niece: On Our Side, Apparently »
December 23, 2005

Group Sex & Wife Swapping Clubs Found Constitutionally Protected In Canada

Kinda takes the fun out of it, though.

Swingers clubs that feature group sex and partner-swapping are legal because they cause society no harm, the Supreme Court of Canada said Wednesday in a ruling that rewrote the definition of indecency.

The 7-2 majority said the new determining factor will be whether the sexual behaviour in question causes harm, replacing the previous yardstick that the act must offend community standards of tolerance.

"Moral views, even if strongly held, do not suffice," wrote Chief Justice Beverley McLachlin.

"As members of a diverse society, we must be prepared to tolerate conduct of which we disapprove."

In a biting dissent, justices Louis LeBel and Michel Bastarache accused the majority of turning their backs on public morality and the established legal order. Furthermore, the majority decision could lead to "anti-social behaviour," they wrote.

"This new harm-based approach strips of all relevance the social values that the Canadian community as a whole believes should be protected," said the lengthy dissent.

"The explicit sexual acts performed in the accused’s establishments clearly offended the Canadian community standard of tolerance."

The ruling, which legal experts described as a liberal move, overturned [a previous conviction for violating lewd-acts laws].

Hmmm... "experts" describe this as a liberal move.

As Taranto always asks, what would we do without experts?

I suppose this is a libertarian move, too. It does get to the Big Question -- what deference do we give to prevailing community values, as well as citizens' basic rights to have laws reflecting their preferences, and what deference do we give to the libertarian creed, I believe first announced on the Prince album 1999, "If it feels all right, then do it all night?"

That was snarky, but I do think it is a big question. One on hand, the majority has a right to promulgate laws designed to craft what it believes to be the Good Society. On the other hand, minorities who may not agree with such a vision would seem to have, on a strictly quantum-of-freedom analysis, the right to do what they will and pursue happiness to the extent they don't harm others.

The question will never be resolved, really. All Great Questions defy solution, or else they wouldn't be Great Questions.

Thanks to Bob.

digg this
posted by Ace at 01:28 PM

| Access Comments

Recent Comments
Kulak Anachronda, behind the Newsom curtain: "218 [i]Fear the Moron who brings: A. The complete ..."

Notorious BFD: "[i]Kilcer accepted the award wearing a "Make Ameri ..."

Ruthless: "I always liked the score between sharks and humans ..."

f'd: " "I need liquor. Posted by: Diogenes" And liq ..."

Schnorflepuppy Agr8U: "[i]I danced, as a left-footed human. Lack of talen ..."

Diogenes: "I need liquor. Posted by: Diogenes at October 27, ..."

Ruthless: "We need to fight the murder hornets fairly. Do not ..."

Bitter Clinger: "I think it's open season on hornets, you can kill ..."

bonhomme[/i][/i][/i][/b][/b][/b][/s][/s][/s][/u][/u][/u]: "Former Chief of Police of the Manzanita Tribal Pol ..."

Duke Lowell : "I need liquor. Posted by: Diogenes at October 27, ..."

Dworkin Barimen - anarcho-tyranny? you're soaking in it!: ">Holy sh*t, they're going to inject 5-11 year olds ..."

publius, Rascally Rapscallion (Mzdiz): " Total bee, wasp, hornet deaths average about 6 ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64