If you visit a public beach in Canada, you have specific rights under the law. A Saint John woman received a formal apology from the local police force after an officer told her to cover up while sunbathing topless at a city beach.

Lacey Tompkins visited Dominion Park Beach on July 25 and removed her bikini top. A lifeguard approached her and asked her to cover up. When she declined, a police officer intervened and told her she needed to alter her attire. Tompkins complied but knew Canadian law allows women to be topless in public.

Filing a Formal Complaint

Tompkins felt shocked and confused by the request. She filed a service complaint with the New Brunswick Police Commission on July 27. This prompted a review of police records, the initial call for service, and body camera footage from the responding officers.

On August 11, Acting Chief Neal Fowler sent Tompkins a letter of apology. He stated the review found no legal basis requiring her to alter her attire. The direction provided by the officer lacked support from applicable law.

Police Commit to Better Training

The Saint John Police Force acknowledged the incident highlights a need for better education regarding the law. The responding officer received immediate guidance from a supervisor. Furthermore, frontline members and supervisors received additional training on Criminal Code provisions related to indecent acts.

Fowler noted that police organizations have a responsibility to ensure members are properly informed and trained to apply the law consistently. He offered a sincere apology on behalf of the force for the interaction and the concern it caused.

Understanding the Law

The legal right for women to be topless in public stems from a 1996 decision by the Ontario Court of Appeal. The court ruled that toplessness alone does not constitute an indecent act under the Criminal Code. The context of the conduct matters, specifically whether it is sexual in nature.

Municipalities cannot override this interpretation of the Criminal Code with local bylaws. Tompkins views this as an issue of equality. She believes society tends to sexualize women and fails to apply the same standards to everyone.

Tompkins welcomed the apology and hopes it brings awareness to what people are legally permitted to do. She has since returned to Dominion Park Beach to sunbathe topless and reports that nobody bothered her.

Frequently Asked Questions

Is it legal for women to be topless in public in Canada?

Yes. A 1996 Ontario Court of Appeal decision established that being topless in public is not an indecent act on its own.

Can a city pass a bylaw to ban toplessness?

No. Municipal bylaws cannot alter or override how the Criminal Code of Canada is interpreted.

What did the Saint John Police do after the complaint?

The police force reviewed the incident, issued a formal apology to the woman, and provided additional legal training to their officers.