Since Confederation, Canada has instituted different tests to determine whether an act or object can be deemed obscene or indecent. Though there is a distinction to be...
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...aking sure the individuals are not harming themselves. Thus, it appears the Harm Test effectively achieves a delicate balance of freedom and justice, which is crucial to any well-functioning society.
Callaghan, G., Waluchow, W. (2014). [Lecture]. Harm & The Community Standards of Tolerance Test: From Brodie to Labaye. PHILOS 1B03, Philosophy, Law and Society. Hamilton, ON, Canada: McMaster University.
McLachlin, B. (2008). R. v. Labaye. In D. Dyzenhaus, S. Reibetanz Moreau, & A. Ripstein, Law and Morality: Readings in Legal Philosophy (3rd ed., pp. 336-341). Toronto: University of Toronto Press.
Mill, J. S. (2008). On Liberty. In D. Dyzenhaus, S. Reibetanz Moreau, & A. Ripstein, Law and Morality: Readings in Legal Philosophy (3rd ed., pp. 306-326). Toronto: University of Toronto Press.
Towne Cinema Theatres Ltd. v. The Queen, , 1 S.C.R. 494
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