The highest Court in our land has overturned the conviction of Mr. Clark, the man who was caught masturbating in his living room about four years ago. The ruling touches two issues. First, is your living room considered the public domain? Second, did Mr. Clark mean to invite the pubic to view his act, or did he intended to display this pubic act intentionally? The Supreme Court of Canada has ruled negative to both these questions.
Mr. Clark was originally charged with “Wilfully committing an indecent act in a public place,” in which he could of served a prison term of four months.
My personal take on this topic is somewhat mute. I agree that one’s living room is not a public place, thus the Charter Rights to privately, however, in the event of public display, this action must have some form of repercussion, something that gives the police powers to stop you from publicly displaying your action. However, if this was clearly an accident, somehow, law must protect those from harsh punishment. But this law should not allow them without some form of punishment, albeit a fine or warning.