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Is Topless Allowed At The Beaches?

C Dick

Banned
Feb 2, 2002
4,217
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Ontario
A dude from Bracebridge is challenging Canada's nudity laws in court, as being unconstitutional, because nudity does not do harm. The trial starts in September. He was nude at A&W. He might win, reasonable people could conclude that simple nudity is not harmful. It is already tolerated at Pride, WNBR, etc. If he wins, it would be interesting.
 

Rockslinger

Banned
Apr 24, 2005
32,773
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A dude from Bracebridge is challenging Canada's nudity laws in court, as being unconstitutional, because nudity does not do harm.
What exactly are Canada's nudity laws? Is it illegal because Prime Minister Stephen Harper considers it obscene? Or, is it because children will be ruined for life if they see nude people?
 

Yoga Face

New member
Jun 30, 2009
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Then a MPA being topless is not illegal

What if she is nude ?
 

oldjones

CanBarelyRe Member
Aug 18, 2001
24,479
12
38
Then a MPA being topless is not illegal

What if she is nude ?
Again and again this sort of question gets asked because 'illegal' just means 'against the law' and people forget that different laws apply in different places. The only laws that apply everywhere at all times to everyone are the Constitution and criminal law.

It's illegal for an MPA to be topless or nude in Toronto if her 'body-rub parlour' is licensed, because the TO licensing law explicitly forbids it. Peel's is different. But it is not illegal criminally. If the place is not licensed, or is licensed as something that doesn't permit massages, then she's illegally selling those services. In that case her trouble's the same clothed or not. But no law I've heard of forbids any two people from being privately naked together. Until the city's bylaws catch up and require 'holistic practitioners' or 'anyone conducting business within the city' to be clothed our scenery isn't, and wasn't, threatened.

None of this speaks to 'public indecency' of course, but public toplessless and nudity's a SC thing.

So in simple criminal law terms, your questions are best answered, "Never was, still isn't", and for lesser illegalities, "Where are you inquiring about?"
 

Tangwhich

New member
Jan 26, 2004
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What exactly are Canada's nudity laws? Is it illegal because Prime Minister Stephen Harper considers it obscene? Or, is it because children will be ruined for life if they see nude people?
That's a pretty silly thing to say rockslinger. Those laws existed long before Harper became PM
 

lurkerjoe

Member
Apr 13, 2004
462
12
18
What exactly are Canada's nudity laws? Is it illegal because Prime Minister Stephen Harper considers it obscene? Or, is it because children will be ruined for life if they see nude people?
The Criminal Code is where the indecency provisions exist. That dude from Bracebridge has a challenge on his hands if he thinks showing genetalia would meet the community standard of tolerance test. There's also hygiene concerns. No way I want to sit in the same seat after his hairy ass has been on it!
 

C Dick

Banned
Feb 2, 2002
4,217
2
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Ontario
The Criminal Code is where the indecency provisions exist. That dude from Bracebridge has a challenge on his hands if he thinks showing genetalia would meet the community standard of tolerance test. There's also hygiene concerns. No way I want to sit in the same seat after his hairy ass has been on it!
But community standards are no longer the test, they use harm instead, at least in some cases. In the case that legalized swinger clubs, they said that it did not matter if the community standard was breached, because it was not harmful. Nudity might be more challenging, because it is in your face, not behind closed doors.
 

Cassini

Active member
Jan 17, 2004
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36
A dude from Bracebridge is challenging Canada's nudity laws in court, as being unconstitutional, because nudity does not do harm. ... He was nude at A&W.
Your rights change if you are on your own property, you are on public property, or if you are on someone else's property. A restaurant is a poor place to challenge the nudity law. Restaurants are not required to serve each and every person, and have the ability to ask people to leave. A health issue is also present.
 

C Dick

Banned
Feb 2, 2002
4,217
2
0
Ontario
Your rights change if you are on your own property, you are on public property, or if you are on someone else's property. A restaurant is a poor place to challenge the nudity law. Restaurants are not required to serve each and every person, and have the ability to ask people to leave. A health issue is also present.
He was in a bunch of places, I mentioned A&W because it was funny. They originally charged him over four locations, but they dropped the charges on two. At least one of the places was a public park with a lake, to me, that is a better place to challenge it because it is logical to be naked to swim in a lake, as opposed to getting a burger.
 

Rockslinger

Banned
Apr 24, 2005
32,773
0
0
He was in a bunch of places, I mentioned A&W because it was funny. They originally charged him over four locations, but they dropped the charges on two.
Can they charge him if he doesn't have a woody and is not fondling himself?
 

JEFF247

New member
Feb 23, 2004
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Finger Lakes, NY
www.XXXand.US
I don't care for topless or nude beaches. I have been to a few and you quickly realize most people you see there should not be naked. Big fat beer bellied and hairy. And that's the women!! I like the challenge of seeing a hot chick on the beach, in a bikini, and getting her naked later.
 

C Dick

Banned
Feb 2, 2002
4,217
2
0
Ontario
Can they charge him if he doesn't have a woody and is not fondling himself?
Yes, that is the thing. Simple nudity is forbidden unless the person made efforts to be in a remote location, or unless it is part of an organizzed activity like Pride or WNBR. And that is what is being contested, that simple nudity without sexual overtones is not really harmful.
 

Yoga Face

New member
Jun 30, 2009
6,318
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Again and again this sort of question gets asked because 'illegal' just means 'against the law' and people forget that different laws apply in different places. The only laws that apply everywhere at all times to everyone are the Constitution and criminal law.

It's illegal for an MPA to be topless or nude in Toronto if her 'body-rub parlour' is licensed, because the TO licensing law explicitly forbids it. Peel's is different. But it is not illegal criminally. If the place is not licensed, or is licensed as something that doesn't permit massages, then she's illegally selling those services. In that case her trouble's the same clothed or not. But no law I've heard of forbids any two people from being privately naked together. Until the city's bylaws catch up and require 'holistic practitioners' or 'anyone conducting business within the city' to be clothed our scenery isn't, and wasn't, threatened.

None of this speaks to 'public indecency' of course, but public toplessless and nudity's a SC thing.

So in simple criminal law terms, your questions are best answered, "Never was, still isn't", and for lesser illegalities, "Where are you inquiring about?"
I just wonder if it would be a good business move

If there is no bylaw then she could legally do it but

I suspect she would lose her RMT license so no more insurance work

Where are the topless female hairdressers in Peel ?
 

SweetSerenity

Happily Retired
Aug 29, 2009
500
0
0
It is true that in Ontario unless you are on a private property that has a specific shirts-on policy it is perfectly legal for a female to be topless. I quite enjoy this law, and do take advantage of it from time to time. This is covered as a provincial law. I am unaware of the laws pertaining to other provinces, but I plan to research it at some point in the future when I travel.
 

Rockslinger

Banned
Apr 24, 2005
32,773
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I am unaware of the laws pertaining to other provinces, but I plan to research it at some point in the future when I travel.
When I was in Quebec we use to go to this nude beach in Oka BUT YOU MUST STILL WEAR A LIFEJACKET WHEN BOATING OR WATERSKING. It was kind of weird watching a totally naked woman watersking wearing a lifejacket.
 
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