Hearing: April 18, 2005 Judgment: December 21, 2005
Full case name
Jean‑Paul Labaye v Her Majesty The Queen
Citations
[2005] 3 S.C.R. 728, 2005 SCC 80
Prior history
Judgment for the Crown in the Court of Appeal for Quebec.
Holding
Acts of group sex at a swingers' club were not indecent within the meaning of s. 197(1) of the Criminal Code because the acts were relatively private and did not degrade participants. Therefore, the club was not a common bawdy house within the meaning of s. 210(1) of the Code.
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron
Reasons given
Majority
McLachlin, joined by Major, Binnie, Deschamps, Fish, Abella and Charron
Dissent
Bastarache and LeBel
R v Labaye, [2005] 3 S.C.R. 728, 2005 SCC 80, was a decision by the Supreme Court of Canada on criminal indecency. The decision upheld consensual group sex and swinging activities in a club and alleged bawdy-house as being consistent with personal autonomy and liberty. Labaye was accompanied by a sister case, R v Kouri.
RvLabaye, [2005] 3 S.C.R. 728, 2005 SCC 80, was a decision by the Supreme Court of Canada on criminal indecency. The decision upheld consensual group...
Rv Kouri 2005 SCC 81 (CanLII), was a decision of the Supreme Court of Canada that, along with its sister case RvLabaye, established that harm is the...
community standard [recognized in Butler] relates to harm not taste." In R. v. Labaye (2005), the Supreme Court considered clubs in which group sex occurred...
several times. R. v. Jacob has been cited in similar decisions in other provinces and by the Supreme Court of Canada in R. v. Labaye, and is taught in...
Court of Canada rulings (R. v. Labaye and R. v. Kouri) decriminalized private sex clubs in Canada. On 20 December 2013, (in Bedford v. Canada) the Supreme...
degradation, or dehumanization, in particular that which causes harm (as in RvLabaye). Most films are simply subject to classification by the British Columbia...
Pick. Liège, Belgium: B.C.M. ISBN 978-2-87111-013-2. Benoit, Michel; Labaye, V.; Herzet, G. Clefs pour Amiga. Paris, France: P.S.I. ISBN 978-2-86595-418-6...
The following motions were released:Pacific National Investments Ltd. v. Victoria (City), 2005 SCC 17, [2005] 1 S.C.R. 286 2005 decisions: CanLII LexUM...