R v Kouri 2005 SCC 81 (CanLII), was a decision of the Supreme Court of Canada that, along with its sister case R v Labaye, established that harm is the sole defining element of indecency in Canadian criminal law.
In 1997, James Kouri, the owner of the Montreal club Coeur à Corps, was accused of operating a common bawdy-house and fined $7,500[1] under section 210(1) of the Criminal Code.
The police corroborated the evidence that not every couple was asked this with the anecdote that a woman once left the club "upset with her partner".
The Court responded to these concerns by noting that the fact that this woman became upset does not mean she was surprised to see sexual conduct in the club; there are other possible reasons for her unhappiness.
The Court, however, found no evidence that Mr. Kouri was guilty of this, noting that the activity was consensual and no money was exchanged between the persons having sex.