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R v Labaye information


R v Labaye
Supreme Court of Canada
Supreme Court of Canada
Hearing: April 18, 2005
Judgment: December 21, 2005
Full case nameJean‑Paul Labaye v Her Majesty The Queen
Citations[2005] 3 S.C.R. 728, 2005 SCC 80
Prior historyJudgment 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
MajorityMcLachlin, joined by Major, Binnie, Deschamps, Fish, Abella and Charron
DissentBastarache 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.

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