PHILOS 1B03 Lecture Notes - Lecture 11: Hicklin Test, Sex Club, Indictable Offence
12 Apr 2016
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Harm & the community standards of tolerance test: from brodie to labaye. Pre-1959, canadian courts used the hickin test (england, 1868) to determine the obscene & indecent. Material obscene if any portion has tendency to deprave or corrupt those whose minds are open to such immoral in uences, & into whose ands a publication of this sort may fall. Application too easily in uenced by subjective moral biases of judge or jury. Condemns many reputable works of art & literature. S. 16 rst applied in brodie (1962), aka lady chatterley"s lover case . Scc rejects the hicklin test in favour of the new canadian standards of tolerance. Purpose of the cstt: to determine what amounts to undue exploitation of sex, or of sex and (sec 163) Under cstt, lady chatterely"s lover not unduly exploitive of sex. Towne cinema seemed to introduce two tests cstt & (mill"s) harm test. But no guidance on how two are related.
