Future similar ruling for Taboo?

[imrthr]

Hi, following this message is a copy of an article that appeared in the Montreal Gazette today (July 4, 2003). I bring this article before you because some of the facts are similar to the charges laid against Taboo. The judge's ruling is interesting and may give some insight into how Taboo might fair in its upcoming trial later this month (public versus private sex & bawdy house etc):

 

STORY

Swinger hails judge's decision

 

DONALD MCKENZIE

Canadian Press

 

 

Friday, July 04, 2003

 

 

MONTREAL -- Swingers clubs will start springing up across Canada after a Montreal judge who convicted five swingers ruled their activities are not necessarily illegal, the head of a Quebec swingers association said Friday.

 

Municipal court Judge Denis Boisvert found five people guilty of swinging-related offences, but he said in his judgment that "contemporary Canadian society tolerates swinging and swingers clubs if the sexual acts take place in private."

 

Jean Hamel, president of the 8,000-member Quebec Swingers Association, predicted Boisvert's ruling released Friday will have national ramifications.

 

"This judgment will affect all of Canada," Hamel said in an interview. "I don't think more clubs will open in Quebec but I think it will open doors for other places in Canada like Toronto, where they didn't have any clubs with sexual activities on premises.

 

"So that will be a big change for Toronto, Calgary or Vancouver, because the only province in Canada that you could find sexual relations on premises was Quebec. Quebec has always been a pioneer with sexual practices."

 

Boisvert found Denis Chesnel and his daughter Brigitte guilty on two counts each of running a bawdy house. Chesnel was also found guilty on one other charge, while his daughter was convicted on two others.

 

Three other people were convicted of being present in a bawdy house.

 

Denis Chesnel said he wasn't too disappointed with Boisvert's judgment, although he called it a double standard.

 

"The gays, they do what they want," said Chesnel. "Us hetero people, we can't do what we want. It's a joke."

 

At the heart of Boisvert's ruling was the notion of public sex versus private sex.

 

"If the sexual acts take place in public, even among consenting adults, that is no longer swinging, but an orgy," he wrote. "And Canadians do not tolerate orgies or other Canadians participating in orgies."

 

Boisvert noted that most of the bedrooms in one of the two places that were raided didn't have any doors, making them a "common space."

 

But he didn't outline what constitutes public or private, saying each case must be analysed on an individual basis.

 

The charges against the Chesnels and several other people were laid after undercover police visited two private residences in 1999 and witnessed various sexual acts involving multiple partners.

 

Chesnel, who faces fines of up to $2,500, predicted more people will join his cause and dismissed a suggestion the convictions will scare off potential swingers.

 

"No, no, not at all. They'll just be careful about the places they go because there are swingers clubs and then there are swingers clubs. So people will probably watch out where they go, where it's mostly legal."

 

Boisvert wrote that the sexual activities took place in public because the general public had access to the two buildings after seeing various newspaper and Internet ads.

 

A lawyer who defended a woman acquitted by Boisvert said there was cause for celebration for swingers despite the convictions.

 

"This is good news because now we have a judgment establishing clearly that swinging is perfectly legal in Canada, depending if the act happens publicly or in private," said Bernard Corbeil.