There are different types of indecency or obscene acts that can really affect society altogether. Being intolerant to an act doesn’t necessarily mean it is harmful to you or society. The Harm Test makes sure that not only are you tolerant with this act but you are out of harm’s way if any kind of indecent or obscene act were to take place. The Harm Test states three different types of harm that can support a finding of indecency: “1. Confronting members of the public with conduct that significantly interferes with their autonomy and liberty, 2. predispose others to anti-social behaviour, 3. physically or psychologically harming persons involved in the conduct” (339) As you can see the Harm Test goes into much depth when looking at the different kinds of harm people could be at risk at when being exposed to acts of indecency of obscenity. Unlike the tolerance test, the Harm test looks at thi...
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... not one act is wrongfully accused of being harmful when completely harmless, much like the accusations against Club L’orage through the community standards test. The Harm-based test is reasonable and efficient and has taken over as the number one most effective way to ensure whether or not an act is indecent or obscene. These are many different reasons why the harm-based test is a better test when it comes to determining offensive acts towards society, but the number one reason why it is the best possible test to use is because the number one priority for this test is making sure that at the end of the day the safety and well being of Canadian society is still intact.
Dyzenhaus, David, Sophia Moreau, and Arthur Ripstein. "R.V. Labaye." Law and morality: readings in legal philosophy. 3rd ed. Toronto: University of Toronto Press, 2007. 336-341. Print.
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