刚才我和一个同事出去散步，前面走了一个男的没穿衣服，上下身都没有，也没有腰间系带之类的。当然我没有跑到前面去回头看看他前面贴什么了没有。从他的步态看很正常，不像喝醉或者发疯的样子，我的女同伴在后面边哈哈笑边给别的同事发信息讲这件事。周围还有一两个散步的，不过也没有说什么。回去了一下google了一下不穿衣服算不算违法。
- 主题发起人 tototo
- 发布时间 2018-07-05
Is it legal to be naked in Canada?
Canada has a tangle of confusing and inconsistently-enforced nudity laws.
Strictly speaking, s. 174 of Canada’s Criminal Code forbids nudity in public places or on private property that is exposed to public view “without a lawful excuse.”
This is a summary conviction offence, meaning it’s a less serious type of crime. It’s punishable by six months in jail, a $5,000 fine, or both.
For legal purposes, being nude doesn’t necessarily mean being naked. The code defines “nudity” as being “so clad as to offend against public decency or order,” which isn’t completely clear. It does, however, appear to preclude a defence where an otherwise naked person could argue they weren’t legally “nude” because they were wearing socks.
The law doesn’t provide definitions of what’s indecent, so it’s left to judges to decide. Section 173 of the code discusses indecent acts, but remains lean on examples or definitions. The only specific act mentioned in s. 173 is when a person “for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years.”
Cases revolving around definitions of nudity and “lawful excuse” have gone as high as the Supreme Court of Canada.
Generally speaking, Canadian courts are lenient on public nudity as long as it’s non-sexual and not harassing anyone.
Toplessness and nude sunbathing convictions have been overturned in Ontario and British Columbia, respectively.
In the Ontario case, a 19-year-old was arrested and convicted for walking topless in public, but the province’s Court of Appeal overturned it. In its decision, the court noted that her act was not done for sexual gratification and overall did no harm to the community.
In B.C., a 1971 Supreme Court case found that “nude sunbathing is not of sufficient moral turpitude to support a charge for doing an indecent act.”
A 1978 skinny-dipping conviction was also quashed in Saskatchewan, after three men were spotted swimming nude at a secluded lake. The court said it would not be an offence to swim nude in an isolated spot even if the swimmer “misjudged the loneliness of the place.”
The public nudity section is one of the few areas of the Criminal Code that requires the attorney general’s consent to lay a charge, implying a certain grey area around what constitutes illegal nudity. According to the government’s Public Prosecution Service, the attorney general’s consent is needed for two reasons: to avoid the specific harm that could result from prosecuting an innocent person; and to avoid the general harm resulting from prosecuting a case that isn’t in the public interest.
Canada has a tangle of confusing and inconsistently-enforced nudity laws.
Strictly speaking, s. 174 of Canada’s Criminal Code forbids nudity in public places or on private property that is exposed to public view “without a lawful excuse.”
This is a summary conviction offence, meaning it’s a less serious type of crime. It’s punishable by six months in jail, a $5,000 fine, or both.
For legal purposes, being nude doesn’t necessarily mean being naked. The code defines “nudity” as being “so clad as to offend against public decency or order,” which isn’t completely clear. It does, however, appear to preclude a defence where an otherwise naked person could argue they weren’t legally “nude” because they were wearing socks.
The law doesn’t provide definitions of what’s indecent, so it’s left to judges to decide. Section 173 of the code discusses indecent acts, but remains lean on examples or definitions. The only specific act mentioned in s. 173 is when a person “for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years.”
Cases revolving around definitions of nudity and “lawful excuse” have gone as high as the Supreme Court of Canada.
Generally speaking, Canadian courts are lenient on public nudity as long as it’s non-sexual and not harassing anyone.
Toplessness and nude sunbathing convictions have been overturned in Ontario and British Columbia, respectively.
In the Ontario case, a 19-year-old was arrested and convicted for walking topless in public, but the province’s Court of Appeal overturned it. In its decision, the court noted that her act was not done for sexual gratification and overall did no harm to the community.
In B.C., a 1971 Supreme Court case found that “nude sunbathing is not of sufficient moral turpitude to support a charge for doing an indecent act.”
A 1978 skinny-dipping conviction was also quashed in Saskatchewan, after three men were spotted swimming nude at a secluded lake. The court said it would not be an offence to swim nude in an isolated spot even if the swimmer “misjudged the loneliness of the place.”
The public nudity section is one of the few areas of the Criminal Code that requires the attorney general’s consent to lay a charge, implying a certain grey area around what constitutes illegal nudity. According to the government’s Public Prosecution Service, the attorney general’s consent is needed for two reasons: to avoid the specific harm that could result from prosecuting an innocent person; and to avoid the general harm resulting from prosecuting a case that isn’t in the public interest.
Q: Where is it OK to be clothes-free in Canada?
A:
A:
- Nudity is illegal in places where other people would reasonably expect you to be clothed. (This includes all populated public spaces not explicitly marked as clothing-optional, as well as private spaces that are easily visible from the street.)
- If you make a point of offending people or if there’s a deviant sexual purpose involved, you will be arrested.
- Nudity is usually OK in Canada in places where nobody’s likely to be caught by surprise or offended by it.
- If you are respectful, polite and don’t go out of your way to cause trouble, simply being nude – in a place where it makes sense to be nude, and where you won’t surprise or startle anyone – is unlikely to cause any problems.
Again, we’re not lawyers (or cops) and this is not legal advice. It’s just our best understanding of what is and is not OK in Canada in 2017.
- Nude at an isolated remote beach or in the back-country: Generally OK.
- Nude on a quiet public beach, you’re not causing trouble: Technically prohibited, but usually quite acceptable (more so if you’re part of a group, less so if you’re alone).
- Nude on a quiet public beach, you’re being loud, profane or disruptive: Not OK – a public nudity charge will be added to indecency, noise violation, alcohol, etc. charges.
- Nude on a busy public beach or one frequented by children: Not OK.
- Nude at the World Naked Bike Ride or a Pride parade: Clearly OK in practice, despite being technically illegal.
- Nude around the house or in the back yard: OK.
- Nude in the living room at night, with the lights on and street-facing curtains open: Not OK – this is exhibitionism.
- Nude on private property, someone would need to put in a bit of effort (binoculars or coming closer) to see you: OK.
- Nude in the front yard, where lots of people can easily see you from the street: Not OK.
Do Canadians have the right to be naked?
Ordering a double-double in your birthday suit would likely get you arrested under Canadian law – but that could change, if an Ontario man gets his way.
Brian Coldin, a self-described nudist, is fighting criminal charges after being naked at a Tim Hortons and A&W in Bracebridge, Ont. He will appear in court on Tuesday to argue that public nudity should no longer be a criminal offence, according to The Canadian Press.
Under section 174 of the Criminal Code, nudity in a public place - or exposed to the public while on private property - is illegal.
But Mr. Coldin's lawyers are calling these laws unconstitutional.
"These laws violate freedom of expression and they are overbroad such as to punish all kinds of conduct that is completely harmless and shouldn't be criminal," Nader Hasan, one of Mr. Coldin's lawyers, told The Canadian Press.
Employees at the Tim Hortons and A&W testified, saying Mr. Coldin's genitals made them feel "uncomfortable," according to The Canadian Press. The incidents are alleged to have happened between 2008 and 2009.
And three years ago, a man was arrested with his three-year-old son after cycling naked in downtown Vancouver.
In other parts of the world, the Netherlands and Spain are more relaxed about public nudity. But recently, Barcelona has cracked down on those going au natural. In April of this year, local officials passed a law banning nudity and "near nudity" (sounds curious, right?) in the city centre.
Do we all have a right to bare it all? Where do you draw the line on public nudity?
Ordering a double-double in your birthday suit would likely get you arrested under Canadian law – but that could change, if an Ontario man gets his way.
Brian Coldin, a self-described nudist, is fighting criminal charges after being naked at a Tim Hortons and A&W in Bracebridge, Ont. He will appear in court on Tuesday to argue that public nudity should no longer be a criminal offence, according to The Canadian Press.
Under section 174 of the Criminal Code, nudity in a public place - or exposed to the public while on private property - is illegal.
But Mr. Coldin's lawyers are calling these laws unconstitutional.
"These laws violate freedom of expression and they are overbroad such as to punish all kinds of conduct that is completely harmless and shouldn't be criminal," Nader Hasan, one of Mr. Coldin's lawyers, told The Canadian Press.
Employees at the Tim Hortons and A&W testified, saying Mr. Coldin's genitals made them feel "uncomfortable," according to The Canadian Press. The incidents are alleged to have happened between 2008 and 2009.
And three years ago, a man was arrested with his three-year-old son after cycling naked in downtown Vancouver.
In other parts of the world, the Netherlands and Spain are more relaxed about public nudity. But recently, Barcelona has cracked down on those going au natural. In April of this year, local officials passed a law banning nudity and "near nudity" (sounds curious, right?) in the city centre.
Do we all have a right to bare it all? Where do you draw the line on public nudity?
我觉得大家也可以考虑下太热的时候在人不多的地方裸体。
你穿三点就可以了， 太爆露不好看， 姐是过来人了。
lz还要追到前面去，回头凝望？
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只愿意在自己喜欢的人面前裸体
刚诞生人类的时候都不穿衣服，现在是进化的结果，，
我家附近游泳池的小朋友都穿泳衣跑回家
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