Subjective tests have been around in criminal law for quite a well. R. v Lavallee ... battered woman syndrome.

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Originally posted by Orko The main difference is that at the bath houses, everybody knows what they are getting into, and thats why they go there. When you got a night club, you are going for music/dancing. Sex is not part of the agenda.

true but will you suffer a psychological injury in this instance. My guess is very few would and their claimed injury would need to be proven before the crown could successfully prosecute.

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Originally posted by RickyM you're just a shit version of Moral Hazard. At least he knows what he's talking about.

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Originally posted by pkcRAISTLIN lol, i love it when moral feels the need to lay the smack down

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Originally posted by Moral Hazard my point is that proving a psychological harm is very difficult, therefore it is likely that nearly everything will fail the test and prosecutions will be nil..... essentially I see this as the creation of a permissive society.

good we need to get the state out of our bedrooms, our living rooms and our kitchens...


Let people do what they want. We have laws against non consentual sex. Everything else beyond that is pretty much all about "moral" control. And the government should not be in that business.

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Originally posted by jester Everything in this country is illegal.

"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery…" Winston Churchill

‎"If you have ten thousand regulations you destroy all respect for the law" - Winston Churchill

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Originally posted by Moral Hazard true but will you suffer a psychological injury in this instance. My guess is very few would and their claimed injury would need to be proven before the crown could successfully prosecute.

That's just saying that the conduct isn't indecent though. There were other issues in this case. Operating a bawdy house, etc.

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Originally posted by Jayx1 good we need to get the state out of our bedrooms, our living rooms and our kitchens... Let people do what they want. We have laws against non consentual sex. Everything else beyond that is pretty much all about "moral" control. And the government should not be in that business.

Exactly.

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Originally posted by TO guy Subjective tests have been around in criminal law for quite a well. R. v Lavallee ... battered woman syndrome.

but that would be to prove an affirmative defence rather then to prove whether or not a criminal act was commited.

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Originally posted by RickyM you're just a shit version of Moral Hazard. At least he knows what he's talking about.

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Originally posted by pkcRAISTLIN lol, i love it when moral feels the need to lay the smack down

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Originally posted by Jayx1 good we need to get the state out of our bedrooms, our living rooms and our kitchens... Let people do what they want. We have laws against non consentual sex. Everything else beyond that is pretty much all about "moral" control. And the government should not be in that business.

I agree with you and I agree with the decision of the court. My point is that I think we are in for a period of interesting test cases.

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Originally posted by RickyM you're just a shit version of Moral Hazard. At least he knows what he's talking about.

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Originally posted by pkcRAISTLIN lol, i love it when moral feels the need to lay the smack down

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Originally posted by Moral Hazard but that would be to prove an affirmative defence rather then to prove whether or not a criminal act was commited.

well if there is an affirmative defense there is no criminal act ....

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Originally posted by Moral Hazard I agree with you and I agree with the decision of the court. My point is that I think we are in for a period of interesting test cases.

Really? You think obsenety is such an issue? The test they developed was specifically for that issue, nothing as broad as Oakes ...

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Originally posted by TO guy well if there is an affirmative defense there is no criminal act ....

not necessarally, the defense of battered wife syndrome results in the assailant being declaired not criminally responsible. The act was still committed and contrary to the criminal code, however, the courts do not hold the assailant to be responsible. That's different then the crime not being commited at all as would be the case with indecent acts that do not meet the new test.

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Originally posted by RickyM you're just a shit version of Moral Hazard. At least he knows what he's talking about.

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Originally posted by pkcRAISTLIN lol, i love it when moral feels the need to lay the smack down

Are not criminally responsible and not criminal really two different concepts?

222. (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
(3) Homicide that is not culpable is not an offence