R V Labaye Case Study

This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada. The judges writing the majority decision are McLachlin C.J. and Major, Binnie, Deschamps, Fish, Abella and Charron JJ. and the judges writing the dissenting decision are Bastarche and LeBel JJ. The appellant, Jean-Paul Labaye, operated a club in Montreal, called l’Orage. The majority states that the purpose of the club was to permit couples and single people to meet each other for group sex and only members and their guests were allowed in the club. Members were interviewed to ensure that they are aware of the activities of the club and these members paid an annual membership fee. A doorman stood at the main door of the club to ensure that only members and their guests …show more content…
The trial judge noted that the L’Orage club is located in a commercial building and advertisements encouraged the public to become members through magazines and television. The trial judge also concluded that the third floor of the building was not intended to be lived in, and according to a city of Montreal building inspector, it could not be characterized as a residential apartment based on the standard of the National Building Code. There was constant movement of people from one floor to another and the only thing that limited access was the two doors leading to the third level. These facts confirm that these acts were public. Finally, very few applicants were refused membership and were only refused if they were disrespectful of the club and its members. Every member had the right to bring guests and these guests were not