of sex would fall within the definition of "obscene" in the Criminal Code. The court also provided for an exception for materials of artistic merit. This framework for analysis was re-affirmed by the Supreme Court of Canada in Little Sisters Book and Art Emporium v. Canada (Minister of Justice) Aftermath The decision has affected other cases involving pornography and other alleged forms of indecency. The case Little Sisters Book and Art Emporium v. Canada (Minister of Justice) (2000) applied the Butler method of analysis of pornography to homosexual pornography. Critics of Butler argued that the test failed to recognize pornography that promotes equality of homosexuals. However, the Supreme Court replied that "This line of criticism underestimates Butler." Butler is partially meant to avoid a situation in which a biased idea of obscenity is imposed on others. The Supreme Court also found that "It may serve repeating that the national community standard [recognized in Butler] relates to harm not taste." In R. v. Labaye (2005), the Supreme Court considered clubs in which group sex occurred. The majority cited Butler to say that indecency can be defined as only that which causes harm. Thus, the majority disregarded the community standards test, despite the dissent's objections that this was not an inevitable consequence of Butler. See also List of Supreme Court of Canada cases (Lamer Court) R. v. Glad Day Bookshops Inc. American Booksellers v. Hudnut, 771 F.2d 323 (7th Cir. 1985), aff'd mem., 475 U.S. 1001 (1986) References Further reading Waltman, Max. 2010. "Rethinking Democracy: Legal Challenges to Pornography and Sex Inequality in Canada and the United States," Political Research Quarterly, vol. 63, no. 1 (2010): 218-237 (including podcast with PRQ co-editor Amy Mazur, Catharine MacKinnon, Kathleen Mahoney, William Hudnut, and Max Waltman). MacKinnon, Catharine A. 2007. Sex equality. 2nd ed. New York: Foundation Press (commenting Butler; chap. 10). Kendall, Christopher. 2004. Gay male pornography: An issue of sex discrimination. Vancouver: UBC Press. Nowlin, Christopher. 2003. Judging Obscenity: A Critical History of Expert Evidence. Quebec: McGill-Queen's University Press. Women's Legal Education and Action Fund (LEAF). 1996. Equality and the Charter: Ten Years of Feminist Advocacy Before the Supreme Court of Canada. Montgomery CA: Emond Montgomery (Submitted "Factum" [amici brief] in Butler). Mahoney, Kathleen E. 1997. "Freedom of expression: Hate propaganda, pornography and section 1 of the Charter." In Canadian constitutional dilemmas revisited, eds. Denis N. Magnusson and Daniel A. Soberman, 81-100. CAN: