Female toplessness in Canada
In British Columbia, it is a historical issue dating back to the 1930s and the public protests against the materialistic lifestyle held by the radical religious sect of the Freedomites, whose pacifist beliefs led to their exodus from Russia to Canada at the end of the 19th century.
This case subsequently led to the acquittal of British Columbia and Saskatchewan women who faced similar charges.
Although each province and territory reserves its right to interpret the law as it pleases, the Ontario case has proved influential.
In finding her guilty, the judge stated that breasts were "part of the female body that is sexually stimulating to men both by sight and touch", and therefore should not be exposed.
No one who was offended was forced to continue looking at her", and "the community standard of tolerance when all of the relevant circumstances are taken into account" was not exceeded.
R. v. Jacob has been cited in similar decisions in other provinces and by the Supreme Court of Canada in R. v. Labaye, and is taught in criminal law courses.
[14] They subsequently held a rally at Waterloo Town Square, called "Bare With Us," to educate the public about the right to go topfree with Gwen Jacobs making an appearance.
[16] In Toronto in 2011, a Go Topless Day rally was refused a permit to meet in a park, so they marched down the streets with a police escort.
Linda Meyer, a topfree activist inspired by the Gwen Jacob case, appeared in a number of public venues topless.
A bylaw in the municipality of Maple Ridge stated, "Females over the age of 8 years shall fully cover all portions of their nipples and aureole with opaque apparel".
Some parents complained, and she was charged,[18] but the judge in this case (Justice Holmes) voided the bylaw stating, inter alia:[19] [55] In R. v. Jacob, supra, a woman who walked bare-breasted on a city street and then reclined topfree on the front step to her home was acquitted on appeal of committing an indecent act.
[57] I do not find in the evidence support for the view that the parks could not operate in an orderly fashion if a female were to bare her breasts in a circumstance that did not offend criminal laws of nudity.
The evidence suggests the Section 3A amendment to the Park Bylaw was more a reaction to a frustration that the criminal law was not supporting the moral standards in regard to females who chose to bare their breasts in public that some Maple Ridge citizens desired.
[20] In June 2022, the City of Edmonton's recreation website updated its swim apparel guidelines to say: "All patrons are permitted to go topless in city-operated pools if they so wish"; the change was not publicly advertised.
This showed context to be important; for instance, 72% opposed to toplessness being allowed on a city street, 62% in parks, and 48% on beaches.
[27] The Federation of Canadian Naturists (FCN) is a member-supported, not-for-profit organization dedicated to fostering a greater understanding, acceptance and appreciation of naturism as a way of life throughout Canada.
[citation needed] The FCN and the Fédération québécoise de naturisme (FQN) share Canadian membership in the International Naturist Federation (INF), which has its world headquarters in Horsching, Austria.
[citation needed] The Canadian Topfree Equal Rights Association (TERA) assists women in both Canada and the United States who are prosecuted for being topless in situations whereas men are not.
