Top Five 2006: R v Labaye

Each year Justice Stephen Goudge of the Ontario Court of Appeal identifies five cases that are of significance in the educational setting. This summary, based on his comments and observations, is appropriate for discussion and debate in the classroom setting.

R v Labaye, [2005] 3 SCR 728, 2005 SCC 80

The accused operated a private club in Montreal that permitted couples and individuals to meet each other for group sex.  The accused was charged with the crime of public indecency.  The Supreme Court of Canada wrote that the crime of indecency required a risk of harm to the public, and that the club did not expose the public to an unwanted confrontation with sexual acts, nor did it pose a threat of harm to the public.  Thus, the accused was acquitted. The full decision is available here.