Josée Ferrari

The appellant operated a club where members and guests engaged in consensual group sex.

He was convicted of keeping a common bawdy-house for the practice of acts of indecency under s. 210(1) of the Criminal Code.

The Supreme Court of Canada allowed the appeal and set aside the conviction, establishing a new harm-based test for criminal indecency.

The Court held that the Crown must prove beyond a reasonable doubt that the conduct causes harm or presents a significant risk of harm to individuals or society, and that the harm is of a degree incompatible with the proper functioning of society.

The Court found no evidence that the consensual acts behind closed doors caused such harm.

The appellant appealed his conviction for possession of a weapon for a purpose dangerous to the public peace.

The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that the trial judge committed no error in finding the necessary criminal intent.

The appellant was convicted of first degree murder.

At his trial, the Crown cross-examined him extensively on incriminating statements he had made while testifying at his brother's separate trial for the same murder, where he had invoked section 5 of the Canada Evidence Act.

The Supreme Court of Canada held that the cross-examination violated section 13 of the Charter because there was a realistic danger that the prior testimony could be used to incriminate him, not merely to test his credibility.

The appeal was allowed and a new trial ordered.