R. V. Butler - Aftermath

Aftermath

The decision has had an impact on 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 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.