The Original Test for Indecency

From Para 76 in the dissent, R. v. Labaye, the "factors to consider":

In contrast to our colleagues, we propose to continue applying the original test for indecency, which focusses on a contextual analysis of the impugned acts and incorporates the concept of harm as a significant, but not determinative,
factor to consider in establishing the applicable level of tolerance. Whether or not harm is sustained is merely one of several indicators or contextual factors that make it possible to gauge the degree of tolerance of the Canadian community. In our view, all the contextual factors must be considered in every case. The application of this test to the facts of the case at bar leads to the conclusion that the impugned acts were indecent and that the appellant’s establishment was a common bawdy‑house within the meaning of s. 210(1) Cr. C.