The accused operated a licensed bar where couples paid an entrance fee to engage in or observe group sex activities.
He was charged with keeping a common bawdy-house for the practice of indecent acts under s. 210(1) of the Criminal Code.
The Supreme Court of Canada, applying the harm-based test for criminal indecency established in the companion case of R. v. Labaye, held that the conduct did not constitute criminal indecency.
The Court found no significant risk of harm to the autonomy and liberty of members of the public, as access was restricted to informed and willing participants, and no evidence of physical, psychological, or anti-social harm.
The Crown's appeal was dismissed and the acquittal affirmed.