be significantly and adversely affected by the conduct." Consent to see the activity will not amount to harm or indecency. In this particular case, the Court found that the seriousness of the harm need not even be considered because no evidence of harm was found, and even so "there appears to be no evidence that the degree of alleged harm rose to the level of incompatibility with the proper functioning of society. Consensual conduct behind code-locked doors can hardly be supposed to jeopardize a society as vigorous and tolerant as Canadian society." The Court added the case was different from R. v. Butler because nothing was involved that encouraged sexist attitudes. "There is no evidence of anti-social attitudes toward women," the Court wrote, "or for that matter men." This was because all of the sex was consensual and not prostitution. Nor was the threat of sexually transmitted diseases enough to constitute harm in relation to the specific charge of indecency. This is because these diseases are more of a health issue than a harm that comes exclusively from deviant sex. Dissent A lengthy dissent was written by Justices Michel Bastarache and Louis LeBel. The dissenting justices criticized the majority's definition of indecency as "neither desirable nor workable," since it did not follow certain precedent and discarded the "contextual analysis of the Canadian community standard of tolerance". While harm is an important consideration, that does not mean Canadians would be able to accept certain sexual conduct. Standards can be drawn upon "principles of social morality drawn from legislation." Moreover, the importance given to harm in R. v. Butler was "adopted to fill a vacuum," to connect past case law regarding community standards to views that some material encourages sexist attitudes, and "it does not follow from Butler, Tremblay and Mara that the courts must determine what the community tolerates by reference to the degree of harm alone." In this particular case, the dissenting justices believed that the screening out of people who did not want to see the sexual conduct was not rigorous enough, and that "The community does not tolerate the performance of acts of this nature in a place of business to which the public has easy access." See also List of Supreme Court of Canada cases (McLachlin Court) References External links CBC news story Supreme Court of Canada cases 2005 in Canadian case law Canadian criminal case law