The Supreme Court of Canada on Community Standards
“Criminal indecency or obscenity must rest on actual harm or a significant risk of harm to individuals or society. The Crown failed to establish this essential element of the offense. (Its) case must therefore fail,” McLachlin wrote.
In indecency cases, Canadian courts have traditionally probed whether the acts in question “breached the rules of conduct necessary for the proper functioning of society.” The Supreme Court ruled that from now on, judges should pay more attention to whether society would be actively harmed.
Monty Python on Community Standards
Mr Blackitt: Look at them, bloody Catholics. Filling the bloody
world up with bloody people they can’t afford to bloody feed.
Mrs Blackitt: What are we dear?
Mr Blackitt: Protestant, and fiercely proud of it…
Mrs Blackitt: Why do they have so many children…?
Mr Blackitt: Because every time they have sexual intercourse they
have to have a baby.
Mrs Blackitt: But it’s the same with us, Harry.
Mr Blackitt: What d’you mean…?
Mrs Blackitt: Well I mean we’ve got two children and we’ve had
sexual intercourse twice.
Mr Blackitt: That’s not the point… We *could* have it any time we
wanted.
Mrs Blackitt: Really?
Mr Blackitt: Oh yes. And, what’s more, because we don’t believe in
all that Papist claptrap we can take precautions.
Mrs Blackitt: What, you mean lock the door…?
Mr Blackitt: No no, I mean, because we are members of the
Protestant Reformed Church which successfully challenged the
autocratic power of the Papacy in the mid-sixteenth century,
we can wear little rubber devices to prevent issue.
Mrs Blackitt: What do you mean?
Mr Blackitt: I could, if I wanted, have sexual intercourse with
you…
Mrs Blackitt: Oh, yes… Harry…
Mr Blackitt: And by wearing a rubber sheath over my old feller I
could ensure that when I came off… you would not be
impregnated.
Mrs Blackitt: Ooh!
Mr Blackitt: That’s what being a Protestant’s all about. That’s
why it’s the church for me. That’s why it’s the church for
anyone who respects the individual and the individual’s right
to decide for him or herself. When Martin Luther nailed his
protest up to the church door in 1517, he may not have
realised the full significance of what he was doing. But four
hundred years later, thanks to him, my dear, I can wear
whatever I want on my John Thomas. And Protestantism doesn’t
stop at the simple condom. Oh no! I can wear French Ticklers
if I want.
Mrs Blackitt: You what?
Mr Blackitt: French Ticklers… Black Mambos… Crocodile Ribs…
Sheaths that are designed not only to protect but also to
enhance the stimulation of sexual congress…
Mrs Blackitt: Have you got one?
Mr Blackitt: Have I got one? Well no… But I can go down the road
any time I want and walk into Harry’s and hold my head up
high, and say in a loud steady voice: ‘Harry I want you to
sell me a *condom*. In fact today I think I’ll have a French
Tickler, for I am a Protestant…’
The Urban Refugee on Community Standards
I am thrilled, THRILLED, I tell you that it is now legal for me to engage in consensual group sex in a swinger’s club here in Canada any time I want to. Granted, I live in an area that doesn’t have so much as a Tim Horton’s or a McDonald’s let alone a swinger’s club, but, like Christmas, it’s the thought that counts, right?
Besides, I’m neither Catholic or Protestant, thankfully.