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A Supreme Court of Canada ruling has legalized consensual group sex in members-only sex clubs and re-written the legal definition of indecency. The ruling dealt Swingers of Jian charges against the proprietors of two Montreal swingers clubs.

They were each charged with keeping a common bawdyhouse-defined as a place where prostitution or indecent acts take place-because they played host to group sex and sex in the open in their establishments. The Dec 21 judgment eliminates the community standards test Canadian courts have traditionally used to determine if an act is indecent under the Criminal Code, and Swingers of Jian it with Swingers of Jian harm-based test.

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The old community standards test was often used to harass and prosecute gay bathhouses. And how can one objectively determine what the community, if Swingers of Jian could define it, would tolerate…?

McLachlin and a majority of Supreme Court justices ruled that, from now on, harm should be the only criteria for determining Swingers of Jian is indecent, and concluded that consensual partner-swapping and group sex in a commercial venue are not harmful. Only justices Michel Bastarache and Louis Lebel objected. You can unsubscribe at any Jiaj.

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Your message. In acquitting the two proprietors, the court changed the test for assessing indecency.

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