| Swinging not indecent, rules Supreme Court
Swingers clubs no longer have to fear criminal charges after the Supreme Court of Canada overturned a conviction against a swing club owner in Montreal. Experts believe the case will also prevent future gay bathhouse prosections as well.
The owner of L’Orage was convicted of being the keeper of a common bawdy house because lower court judges ruled the group sex occurring in his club was indecent. However, the Supreme Court noted that in order to enter the swingers club, people had to pay memberships and were informed that group sex was occurring on the premises. Group sex occurred on the third floor of the business and those who wanted to participate had to obtain a code to unlock the door to that floor. The Supreme Court found that the sexual activity occurring in the club did not cause any harm to society.
In its ruling, the Supreme Court wrote, "There appears to be no evidence that the degree of alleged harm rose to the level of incompatibility with the proper functioning of society. Consensual conduct behind code-locked doors can hardly be supposed to jeopardize a society as vigorous and tolerant as Canadian society."
Constitutional lawyer Joe Arvay says the ruling likely means that prosecutions against gay bathhouses will be unsuccessful in the future.
"I think the way is now wide open for gay bathhouses," he says. "I think they never have to worry about being prosecuted or harassed again by the police."
Arvay notes that the recent bathhouse trial in Calgary involved the same section of the Criminal Code as the swingers club case. The owner of Goliath’s Sauna and Texas Lounge, as well as three employees, faced charges for operating a bawdyhouse where indecent acts were occurring. At the trial it emerged that the only sexual acts police observed were men masturbating in front of each other and, in one case, one man was masturbating himself and another man. Goliath’s, like the swingers club in Montreal, is a private club and the bathhouse portion of it is behind a locked door.
Government promises more consultation on controversial oilsands strategy
After widespread public outcry, the provincial government has decided to allow more public consultation on its controversial oilsands strategy.
The draft strategy, which was released in October, proposed making oilsands development the number one priority in a 2,568-square-kilometre area of northern Alberta. The strategy proposed allowing some waterways, including creeks and, in one case, a lake, to be diverted so companies could mine under them. The strategy also contained no provisions to protect wildlife, including Woodland Caribou, which are a threatened species. It also stated that the availability of land in the area for traditional aboriginal uses could be limited due to oilsands development.
Environmentalists argued that the strategy would allow the government to simply write off a section of the province’s boreal forest.
On December 20, the government announced it would be taking steps to improve the consultation process around the draft oilsands strategy. It has created a steering committee comprised of environmental organizations, and First Nations, industry and government representatives to recommend how the consultation process should proceed. The steering committee will also work with an existing Fort McMurray group called the Cumulative Environmental Management Association (CEMA). CEMA was set up to study environmental issues related to oilsands development.
"There is a need to review our policy principles, but how we engage with Albertans to develop them is equally important," says Alberta Energy Minister Greg Melchin in a press release.
Compton denied extension
The Alberta Energy and Utilities Board has denied Compton Petroleum’s application for an extension to come up with an emergency response plan for the sour gas wells it plans to drill right outside Calgary’s city limits. The company has until January 3 to file its plan or else it will not be allowed to proceed with drilling the wells. |
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