R V Kouri
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R V Kouri
''R v Kouri'' 2005 SCC 81 (CanLII), was a decision of the Supreme Court of Canada that, along with its sister case ''R v Labaye'', established that harm is the sole defining element of indecency in Canadian criminal law. The case involved a club in which couples engaged in group sex; the club was alleged to be a "common bawdy-house" (a house in which indecency or prostitution occurs). The acquittal was upheld by the Supreme Court. Background In 1997, James Kouri, the owner of the Montreal club Coeur à Corps, was accused of operating a common bawdy-house and fined $7,500CBC News,Swingers clubs don't harm society, top court rules" December 21, 2005, URL accessed 23 December 2005. under section 210(1) of the Criminal Code. The fine came after undercover investigations of the club by police that started in 1996, although the club had been established in 1985. The group sex club was for couples who, upon entering, would be asked if they were a "liberated couple." Only those who repl ...
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Court Of Appeal For Quebec
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the amo ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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R V Labaye
''R v Labaye'', 0053 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''. Background Jean‑Paul Labaye of Montreal was charged with operating a "common bawdy-house," a violation under section 210(1) of the Criminal Code, for owning the club l'Orage, in which persons who paid membership fees and their guests could assemble and engage in group sex and oral sex and masturbate. All of these activities were consensual and, while members paid the club membership fees, the members did not pay each other in exchange for sex. Having been found guilty, Mr. Labaye was fined $2,500.CBC News,Swingers clubs don't harm society, top court rules" December 21, 2005, URL accessed 23 December 2005. Decision The majority of the Supreme Court, ...
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Indecency
Inappropriateness refers to standards or ethics that are typically viewed as being negative in a society. It differs from things that are illicit in that inappropriate behavior does not necessarily have any accompanying legal ramifications. Compendium Synonyms of inappropriate include ''improper'', ''unfitting'', ''unsuitable''. and indecent. Although social ills are usually outlawed in wider society, there are many examples wherein various jurisdictions give their inhabitants full discretion over certain aspects of their lives so they can police themselves without any intrusiveness. For instance, though it's legal to flatulate in a crowded elevator, there are strong social pressures not to do so. Other socially contentious behavior, such as smoking while pregnant, may procure a statement from a public health organization rather than from a law enforcement organization. The term has also been used to negatively refer to the usage of recreational drugs. Increasingly, the term is ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Group Sex
Group sex is sexual behavior involving more than two participants. Participants in group sex can be of any sexual orientation or gender. Any form of sexual activity can be adopted to involve more than two participants, but some forms have their own names. Group sex most commonly takes place in a private sex party or semi-public swinger gathering, but may also take place at massage parlors or brothels or, in some jurisdictions, at purpose-built locations such as sex clubs. In places where non-monogamous sex is taboo or illegal, group sex may take place in private or clandestine locations including homes, hotel rooms, or private clubs. Fantasies of group sex are extremely common among both men and women. Many forms of sexual behavior were reported by Kinsey's subjects, but the official Kinsey Reports website does not mention threesomes or group sex in the summary of Kinsey's findings. Group sex is a subgenre in pornographic films. Terms In principle, any sexual behavior pe ...
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Prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-penetrative sex, oral sex, etc.) with the customer. The requirement of physical contact Prostitution#Medical situation, also creates the risk of transferring diseases. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in this field is called a prostitute, or more inclusively, a sex worker. Prostitution occurs in a variety of forms, and prostitution law, its legal status varies from Prostitution by country, country to country (sometimes from region to region within a given country), ranging from being an enforced or unenforced crime, to unregulated, to a regulated ...
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Montreal
Montreal ( ; officially Montréal, ) is the List of the largest municipalities in Canada by population, second-most populous city in Canada and List of towns in Quebec, most populous city in the Provinces and territories of Canada, Canadian province of Quebec. Founded in 1642 as ''Fort Ville-Marie, Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple-peaked hill around which the early city of Ville-Marie is built. The city is centred on the Island of Montreal, which obtained its name from the same origin as the city, and a few much smaller peripheral islands, the largest of which is Île Bizard. The city is east of the national capital Ottawa, and southwest of the provincial capital, Quebec City. As of 2021, the city had a population of 1,762,949, and a Census Metropolitan Area#Census metropolitan areas, metropolitan population of 4,291,732, making it the List of the largest municipalities in Canada by population, second-largest city, and List of cen ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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Undercover
To go "undercover" (that is, to go on an undercover operation) is to avoid detection by the object of one's observation, and especially to disguise one's own identity (or use an assumed identity) for the purposes of gaining the trust of an individual or organization in order to learn or confirm confidential information, or to gain the trust of targeted individuals to gather information or evidence. Undercover operations are traditionally employed by law enforcement agencies and private investigators; those in such roles are commonly referred to as undercover agents History Law enforcement has carried out undercover work in a variety of ways throughout the course of history, but Eugène François Vidocq (1775–1857) developed the first organized (though informal) undercover program in France in the early 19th century, from the late First Empire through most of the Bourbon Restoration period of 1814 to 1830. At the end of 1811 Vidocq set up an informal plainclothes unit, the ...
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Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ...
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