As far as I know its legal for women to be topless in Canada.
A Saint John woman has filed a complaint with the city’s police force after she was asked by an officer to stop sunbathing topless at a public beach in the city.
Lacey Tompkins filed the complaint following the Saturday afternoon incident at Dominion Park beach where she and her boyfriend, Darcy Chiasson, were sunbathing and swimming.
Tompkins arrived at the west side beach just after 3 p.m. and, shortly after, removed the top of her two-piece bikini. She replaced her top as she waded into the water to cool off, and then removed it again after returning to her beach blanket. Then she took another dip in the St. John River water without her top on.
She was then asked to cover up.
“I took off my top quite some time ago,” Tompkins told Brunswick News at the scene. “I’ve just been laying here, for the most part. A life guard came up and was asking me to please cover up because of indecency at the park and she also mentioned that it was indecent for the children and I should think of them.”
Tompkins said she told the female lifeguard she was doing nothing wrong and she was in her legal right and refused to replace her top.
Roughly 20 minutes later a Saint John police officer walked onto the beach and reiterated the request for Tompkins to replace her top.
“I was asked to cover up even though I asked several times where it would be stated that I would have to cover up and (the officer) wasn’t able to provide me with that information, just said that it’s public and he has to enforce that law, so I did,” she said. “I’m a little annoyed because I don’t feel I was doing anything wrong and now I’m in trouble for having my top off? I feel objectified.”
Tompkins said while Saturday was the first time she’s removed her top at Dominion Park beach, she has done so at other beaches in the area including Rockwood Park, the Irving Nature Park and Meenan’s Cove Beach in Quispamsis. In those instances, she said, there have never been any issues or complaints.
Nor should there be, as she’s permitted to be topless, said the executive director of the Canadian Civil Liberties Association, an organization which defends the rights, dignity, safety, and freedoms of people in Canada.
“The simple answer is she did nothing illegal,” said Howard Sapers. “There’s a landmark or precedent setting decision from an Ontario Court of Appeal decision in a case…. that being topless in public does not violate public indecency laws under the Criminal Code.”
Sapers said the decision in the 1996 case of R. v. Jacob established that women can be topless in the same way men can be when in public if she is not exposing her breasts in a non-sexual context.
In an email to Brunswick News, Staff Sgt. Sean Rocca of the Saint John police said officers were called “concerning a complaint that a woman was topless on the beach out of concern that there were children present.” He said the responding officer did request Tompkins to cover up and she complied.
Rocca pointed to the Criminal Code of Canada noting section 174 (2) states that “a person is nude who is so clad as to offend against public decency or order.” He added “each situation is evaluated based on the totality of the circumstances, courts have consistently interpreted this section to mean nudity includes the exposure of genitals and buttocks, but not breasts.”
However, he added, “when officers are called to a complaint, they do their best to mediate between individual interests and those of others enjoying public spaces.”
Sapers said Tompkins was not breaking any laws as she was not providing “a public display for entertainment purposes” and the nudity was not sexualized.
“Men and women have equal right to bare their chest in a public space,” he said. “It’s been settled. These matters have been settled for more than 20 years.”
For the city, the municipality’s corporate communications department stated in an email that lifeguards at the beach are “employed and managed by the Canada Games Aquatic Centre, which provides lifeguard services to the city through a service agreement. The city does not have regulations prohibiting topless sunbathing.”
Because lifeguards on duty at the time of Saturday’s incident “were unsure of the legality” of Tompkins’ toplessness, the police were called “to clarify questions,” the city said.
Mayor Donna Reardon, briefly speaking on the incident at announcement Monday morning, said she was not aware of any city policy regarding public toplessness. She said it is key for “the public to be aware” because not everyone would be comfortable in such a situation.
“That’s great if they have the self freedom to go topless, but maybe people don’t want their children to experience that yet,” said Reardon. “I think at the end of the day we all have the right to go to the beach and we all have the right to feel comfortable when we go to the beach. So, how do we balance that? I don’t know.”
Could the city enact a bylaw restricting women from sunbathing topless?
“The simple answer is no. A municipal bylaw can’t alter the way the Criminal Code is interpreted,” said Sapers. “There may be a specific thing, though. For example, if there is an event space that is considered to be private and it’s rented out and it happens to be on a public beach there could be a regulation about what can happen within that event space but…. frankly, it’s really not relevant. The bottom line is a municipality could try to come up with a regulation that could interpret the law as it now stands, but, the bottom line is, they couldn’t prevent toplessness in a public space if it was not otherwise in conflict with the law: it can’t be sexualized and it can’t be for entertainment value.”
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For Tompkins, she’s hoping her complaint will “give understanding and clarity of what is permitted while at a public beach in terms of dress code for women being topless while men are allowed to be.”
In her seven-paragraph complaint to police, Tompkins said her concerns are “whether the Saint John Police Force has adequate policies, legal guidance, supervision, and training concerning female toplessness, public indecency, equality rights, psychological detention, and police responses to requests from municipal staff.” While she noted the responding officer spoke to her “respectfully,” she worries the officer “may have used police authority without first establishing lawful grounds, failed to act impartially and in accordance with law, and participated in sex-based differential treatment.”
Chiasson said the whole situation shines a light on how women can be treated differently.
“Other than just the annoying part it’s a bit of a gender discrimination,” said Chiasson. “To me, I think it’s sending the wrong message to women, in general, that they have a different standard than men do. The part that bothered me the most was when the lifeguard said to think about the children because, to me, you wouldn’t want girls to feel they have anything to be embarrassed about. Here they are held to a different standard than men just because they’re girls. That, to me, is unfair.”
torontosun.com
A Saint John woman has filed a complaint with the city’s police force after she was asked by an officer to stop sunbathing topless at a public beach in the city.
Lacey Tompkins filed the complaint following the Saturday afternoon incident at Dominion Park beach where she and her boyfriend, Darcy Chiasson, were sunbathing and swimming.
Tompkins arrived at the west side beach just after 3 p.m. and, shortly after, removed the top of her two-piece bikini. She replaced her top as she waded into the water to cool off, and then removed it again after returning to her beach blanket. Then she took another dip in the St. John River water without her top on.
She was then asked to cover up.
“I took off my top quite some time ago,” Tompkins told Brunswick News at the scene. “I’ve just been laying here, for the most part. A life guard came up and was asking me to please cover up because of indecency at the park and she also mentioned that it was indecent for the children and I should think of them.”
Tompkins said she told the female lifeguard she was doing nothing wrong and she was in her legal right and refused to replace her top.
Roughly 20 minutes later a Saint John police officer walked onto the beach and reiterated the request for Tompkins to replace her top.
“I was asked to cover up even though I asked several times where it would be stated that I would have to cover up and (the officer) wasn’t able to provide me with that information, just said that it’s public and he has to enforce that law, so I did,” she said. “I’m a little annoyed because I don’t feel I was doing anything wrong and now I’m in trouble for having my top off? I feel objectified.”
Tompkins said while Saturday was the first time she’s removed her top at Dominion Park beach, she has done so at other beaches in the area including Rockwood Park, the Irving Nature Park and Meenan’s Cove Beach in Quispamsis. In those instances, she said, there have never been any issues or complaints.
Nor should there be, as she’s permitted to be topless, said the executive director of the Canadian Civil Liberties Association, an organization which defends the rights, dignity, safety, and freedoms of people in Canada.
“The simple answer is she did nothing illegal,” said Howard Sapers. “There’s a landmark or precedent setting decision from an Ontario Court of Appeal decision in a case…. that being topless in public does not violate public indecency laws under the Criminal Code.”
Sapers said the decision in the 1996 case of R. v. Jacob established that women can be topless in the same way men can be when in public if she is not exposing her breasts in a non-sexual context.
In an email to Brunswick News, Staff Sgt. Sean Rocca of the Saint John police said officers were called “concerning a complaint that a woman was topless on the beach out of concern that there were children present.” He said the responding officer did request Tompkins to cover up and she complied.
Rocca pointed to the Criminal Code of Canada noting section 174 (2) states that “a person is nude who is so clad as to offend against public decency or order.” He added “each situation is evaluated based on the totality of the circumstances, courts have consistently interpreted this section to mean nudity includes the exposure of genitals and buttocks, but not breasts.”
However, he added, “when officers are called to a complaint, they do their best to mediate between individual interests and those of others enjoying public spaces.”
Sapers said Tompkins was not breaking any laws as she was not providing “a public display for entertainment purposes” and the nudity was not sexualized.
“Men and women have equal right to bare their chest in a public space,” he said. “It’s been settled. These matters have been settled for more than 20 years.”
For the city, the municipality’s corporate communications department stated in an email that lifeguards at the beach are “employed and managed by the Canada Games Aquatic Centre, which provides lifeguard services to the city through a service agreement. The city does not have regulations prohibiting topless sunbathing.”
Because lifeguards on duty at the time of Saturday’s incident “were unsure of the legality” of Tompkins’ toplessness, the police were called “to clarify questions,” the city said.
Mayor Donna Reardon, briefly speaking on the incident at announcement Monday morning, said she was not aware of any city policy regarding public toplessness. She said it is key for “the public to be aware” because not everyone would be comfortable in such a situation.
“That’s great if they have the self freedom to go topless, but maybe people don’t want their children to experience that yet,” said Reardon. “I think at the end of the day we all have the right to go to the beach and we all have the right to feel comfortable when we go to the beach. So, how do we balance that? I don’t know.”
Could the city enact a bylaw restricting women from sunbathing topless?
“The simple answer is no. A municipal bylaw can’t alter the way the Criminal Code is interpreted,” said Sapers. “There may be a specific thing, though. For example, if there is an event space that is considered to be private and it’s rented out and it happens to be on a public beach there could be a regulation about what can happen within that event space but…. frankly, it’s really not relevant. The bottom line is a municipality could try to come up with a regulation that could interpret the law as it now stands, but, the bottom line is, they couldn’t prevent toplessness in a public space if it was not otherwise in conflict with the law: it can’t be sexualized and it can’t be for entertainment value.”
Article content
For Tompkins, she’s hoping her complaint will “give understanding and clarity of what is permitted while at a public beach in terms of dress code for women being topless while men are allowed to be.”
In her seven-paragraph complaint to police, Tompkins said her concerns are “whether the Saint John Police Force has adequate policies, legal guidance, supervision, and training concerning female toplessness, public indecency, equality rights, psychological detention, and police responses to requests from municipal staff.” While she noted the responding officer spoke to her “respectfully,” she worries the officer “may have used police authority without first establishing lawful grounds, failed to act impartially and in accordance with law, and participated in sex-based differential treatment.”
Chiasson said the whole situation shines a light on how women can be treated differently.
“Other than just the annoying part it’s a bit of a gender discrimination,” said Chiasson. “To me, I think it’s sending the wrong message to women, in general, that they have a different standard than men do. The part that bothered me the most was when the lifeguard said to think about the children because, to me, you wouldn’t want girls to feel they have anything to be embarrassed about. Here they are held to a different standard than men just because they’re girls. That, to me, is unfair.”
Topless woman files complaint after cops ask her to cover up
Saint John woman says she felt 'objectified' after police officer asked her to replace bikini top while sunbathing
torontosun.com
