When an indecent or obscene act occurs, being tolerant does not exactly mean that you are not put at risk by these acts. The Community Tolerance Test (CSTT) is designed to examine what society can tolerate versus what it prefers or does not prefer. The harm-based test was created to charge any act of indecency that is harmful or poses any risk of harm to an individual or society. This is why between the CSTT and the Harm Test, it is better to use the Harm Test to determine obscene and indecent acts in Canada as it looks more at the safety of individuals and society in general. Harm-based tests look more deeply into different types of indecent harm to society, ensure that no one is wrongly accused of being harmful, and ultimately are much more efficient and reasonable than the tolerance test. There are different types of indecency or obscene acts that can really affect society as a whole. Being intolerant of an act does not necessarily mean that it is harmful to you or to society. The harm test ensures not only that you are tolerant of this act, but that you are out of harm's way if any type of indecent or obscene act were to occur. The Harm Test establishes three different types of harm that can support a finding of obscenity: “1. Confronting members of the public with behavior that significantly interferes with their autonomy and freedom, 2. predisposing others to antisocial behavior, 3. physically or psychologically harming those involved in the conduct” (339). As you can see, the harm test goes into a lot of depth when looking at the different types of harm that people might be at risk of if exposed to acts of indecency or obscenity. Unlike the tolerance test, the harm test looks at this... middle of paper... no act is unfairly accused of being harmful when it is completely harmless, just like the accusations against Club L'orage through the harm test community standards. The harm-based test is reasonable and efficient and has become the most effective method to ensure whether an act is indecent or obscene. There are many different reasons why the harm-based test is a better test when it comes to determining offensive acts against society, but the number one reason why it is the best possible test to use is because the number one priority for this test is to make sure that at the end of the day the safety and well-being of Canadian society is still intact. Works Cited Dyzenhaus, David, Sophia Moreau, and Arthur Ripstein. “RV Labaye.” Law and morality: readings on legal philosophy. 3rd ed. Toronto: University of Toronto Press, 2007. 336-341. Press.
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