Is there any interpretative problem with the meaning of the word "sexual immorality"?

Ontario, Canada


The following excerpt is from R. v. B.E., 1999 CanLII 3796 (ON CA):

The first interpretative problem arises from the phrase sexual immorality. The amicus curiae submit that the phrase captures conduct which, while contrary to community norms, does no harm and poses no risk of harm to anyone. This submission finds support in dictionary definitions of the word immorality and in some of the case law that has considered the language of s. 172: eg. see Ducharme v. Ducharme (1972), 7 N.S.R. (2d) 326 (N.S.S.C.T.D.).

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