In dealing with this issue the court may consider and draw inferences of risk from human nature, the nature of things and the social conditions of the time: see Montreal (City) v. Arcade Amusements Inc., 1985 CanLII 97 (SCC), [1985] 1 S.C.R. 368 at p. 382. Having regard to all the circumstances, we are not persuaded that the applicant has demonstrated that the primary purpose in enacting the impugned by-law was to legislate morality. The recent trend of activities in adult entertainment parlours created health and safety risks for the attendants which had not been previously present. There was a concern that the present activities might lead to the commission of crimes. In our opinion the pith and substance of the impugned By-Law was the protection of the health and safety of persons in adult entertainment parlours and the prevention of crime in licensed establishments. There may be a moral element in the effect of the By-Law. Morality may be an ancillary purpose of a municipal by-law as long as morality is not the dominant purpose. In our view the applicant has failed to demonstrate that a moral concern was the dominant purpose of this By-Law. A by-law enacted for proper municipal purposes is valid notwithstanding the presence of a moral element: see McNeil v. Nova Scotia Board of Censors, 1978 CanLII 6 (SCC), [1978] 2 S.C.R. 662.
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