A Legal Analysis

The law forbidding the Lambada is clearly a violation of s.7 of the Charter of Rights. Free speech is one of the foundations of a democratic society. Being able to express ourselves is a way of ensuring that everyone gets heard. This includes all forms of artistic expression, including dance. Can such an infringement upon our freedom of speech be justified under s.1 of the Charter? I say not. First of all, this law does nothing to preserve peace, order or good government. Sure, the swaying of the hips involved in the Lambada can lead to sexual stimulation, but there is nothing inherently wrong with that. The Supreme Court has ruled that the test for obscenity is that of community standards. Perhaps in the dark days of 1971 the Lambada would have fallen short, but we now live in a far more permissive society. Furthermore, the test for limiting freedom of speech will be far more stringent if the speech in question in political in nature. One need look no further than the film The Forbidden Dance to see how the Princess used the Lambada to save the world's rainforests. I submit that this qualifies the Lambada as a form of political speech. And if I am wrong and am sent to hell, it will make no difference, for I am already burning with the passion that is the Lambada!