LAWS 3001 Lecture Notes - Lecture 6: Breastfeeding, Nudity
8 Dec 2018
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How should obscenity be assessed: inappropriate behaviour/actions, what would make most people uncomfortable, intention, influenced by politics & societal perceptions that change overtime. R v tremblay (1993) individual cubicles deemed harmful bc they fostered anti-social behaviour: political harm era (2005-present, test that governs sexual practice through freedom & autonomy, must have actual, tangible harm. Public nudity = harmful: ontario court of appeal community standards of tolerance test . Was there a sexual context to jacob"s act: concluded jacob"s act was political & was therefore disassociated from any erotic possibility, presence/absence of sexual context has shaped judicial discussion of public nudity post- Indecency is arguably a very subjective concept that varies based on personal beliefs and attitudes as well as societal perceptions and politics. I think that courts should assess the presence or absence of sexual context by looking at what the accused"s intent was and at the circumstances around that case.
