Living room private, court rules in indecency case

[CHIMO]

VANCOUVER — The Supreme Court of Canada has ruled that masturbating at home is not an offence, even if the activity can be seen by peeking neighbours.

The case centred on whether a private space — Daryl Clark's living room — became public because others could view it.

The high court said No in a unanimous ruling today.

"The living room of his private home was not a place `to which the public (had) access as of right or by invitation, express or implied,' " Justice Morris Fish wrote, quoting the Criminal Code.


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[darkism]

1. Honey, get the telescope!

The court found they took care to avoid being seen by Clark, peering out from underneath their partially lowered blinds. Later, the woman's husband fetched a pair of binoculars and a telescope. He also tried, unsuccessfully, to videotape Clark in action, says the judgment.

It's quite obvious the neighbours were greatly enjoying their voyeurism.

[MrPrax]

5. Right Said...

You walk by an open window and 'oh he's jacking off' and either
a) look the other way and think people should be more decent
b)being Canada, does he know he's being seen...maybe we should put a note in his mailbox so he can lower his blinds
c) launch a Court Challenge re-defining private and public spaces

So the High Court here ruled the obvious...

[Obviousman]

2. Wow, how embarrassing

To have your "activity" taken all the way to the Supreme Court

[WatchWhatISay]

12. I don't know which would be more embarassing

being caught in the act or publicly acknowledging that you were snooping at your neighbors

[ixion]

3. ROFLMAO... so now that he has his judgement

he'll probably stand there in the window and give'em all a show. :+

[Gabi Hayes]

4. No doubt they saw him crankin it to this poster

[DulceDecorum]

6. If memory serves,

some happily married couple in their forties were "occupied" in their bedroom but the people walking by on the street could and did look inside and saw them doing what they were doing.
So the cops came round and arrested the couple who were in their own home.
Brits and sex just don't mix.

[jayctravis]

8. I can see it happening.

The moment takes you in a front room of your house and you've forgotten to shut the window.

Oh...wait...no...is that the urge we're supposed to repress and have saintly control of? Are they still on about sex being dirty?

Hannity lost it today reporting about a push in California to encourage co-ed topless sunbathing on the beach. Apparently there were pictures of a shirtless guy with larger boobs than a playmate or something and Hannity lost his shit laughing. Then proceeds to explain that he swims in a tshirt to avoid burning. Uuhookay.

Who are we hiding boobs from? When babies are born that's one of the first things they come in contact with. They've seen it. Up close.

[yellowcanine]

9. Don't try to reason with the Taliban. Waste of time.

[VegasWolf]

7. Maybe he didn't have a TV set in his bedroom. A man's gotta do

what needs to be done.

[donheld]

10. Talk about nosey neighbors

i see movement in peoples' homes all the time, should i investigate what the are doing?

[NYC]

11. That was Vancouver.

I wonder what the outcome would have been in the U.S.

[Occulus]

13. I do believe this may get you an indecent exposure charge in

some areas. If that area has a sex offender registry in place, you're doubly fucked. Once now, and once (in Michigan's case, now) for life.

It's absolutely insane and it needs to stop.

[NYC]

15. Living in New York, I believe the custom is "avert your eyes".

People on higher floors tend to get a little careless. If you close the windows or shades, you lose the breeze, etc. Also, I think we sometimes have the attitude that if I can see you, then you can see me, so we're even.

I have a feeling that other than a ground floor, visible from the sidewalk, incident, the police would just ignore the complaint -- or at most, knock on the door and say that a neighbor complained.

[genieroze]

14. How come peeping Tom and Tomasina didn't get charged? eom

[NYC]

16. That's an excellent question.

I think there are laws against that.

[Swamp Rat]

17. Whew!

:D