Coldin’s lawyer Clayton Ruby says the laws infringe upon the Canadian Charter of Rights and Freedoms and that the law suggests that somebody in a state of undress in a changing house at a public beach could be criminally charged because its a public place.
Clayton Ruby says the outdated and improperly worded laws should be struck down so the Canadian Parliament can properly word them, if it so chooses, because right now they’re overly broad.
None of the witnesses who complained to police about seeing Coldin nude at various public places have sought counselling and no real harm has come from the incidents.
“If someone’s annoyed, well that’s just too bad,” says lawyer Clayton Ruby outside court. “That’s not what the criminal law is concerned about.”
To be an actual crime Canada's nudity laws have to prove actual psychological or physical harm was committed as the result of a person appearing nude in public.
“We shouldn’t prosecute or harass a Muslim lady for wearing all her clothes in a pool... and why should we prosecute a naturist for being in a state God created us in?” says Brian Coldin, who suggests people are more worried about the shame they feel about being uncomfortable nude. “That’s disgusting,” says Coldin. “Talk about mental abuse.”
ie. If you've ever had the dream where you went to work naked, you're probably ashamed of appearing nude in front of people.
In Canada it is illegal to be nude in a public place, including private property where a person is exposed to public view. Under the Criminal Code, a “person is nude who is so clad as to offend against public decency.”
Which suggests that you're only nude if your intent is to offend public decency.
ie. Seeing nude people in the gym locker room isn't offensive. Neither is seeing nude people at a nude resort or a nude beach which is open to the public.
But deliberately running around a city in a trench coat and then flashing people your genitals, well that is just plain indecent.
Which begs the question, where do we draw the line between the two? When does nudity in public no longer indecent?
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