Clubs that allow group sex and partner swapping do not harm Canadian society and should not be considered criminal, the Supreme Court of Canada ruled Wednesday.

The high court, which was ruling on two Quebec cases, said Canadian standards can tolerate the activities, even when they are done amid spectators.

The judges, in a 7-2 ruling, said the test for indecency is the harm it causes, and not simply community standards.

Interior of a Montreal swinger club
Interior of a Montreal swinger club

The cases involve two swingers clubs in Montreal that allowed sex acts, including swapping.

One case involved James Kouri, owner of a club called Coeur a Corps.

He was convicted by a lower court on two counts of keeping a common bawdy house and fined $7,500.

The other case involved Jean-Paul Labaye who ran a members-only club called L'Orage.

He was convicted of keeping a bawdy house and fined $2,500.

At the Court of Appeal, however, the cases took different turns. Labaye's conviction was upheld while Kouri's conviction was overturned. Now the Supreme Court has given a favourable ruling in both cases.