Topless Fight Continues

Canadians have not and will not accept women exposing their breasts in public.

As mentioned in Reality, March/April 1998, p. 10, "Still Topless in Ontario," two Ontario women obtained 60,000 names on a petition to amend S.173 (Indecent Acts) and S.174 (Public Nudity) of the Criminal Code to prohibit women from going topless in public. The petitions were tabled in the House of Commons in February by Independent MP, John Nunziata. This petition joined many other petitions, totalling over 100,000 signatures, strenuously objecting to the 1996 decision of the Ontario Court of appeal permitting women to go topless. However, feminist Minister of Justice, Anne McLellan, has dismissed these petitions out of hand, arguing that the topless issue is merely a matter of local concern to be dealt with by municipal by-laws.

The enacting of thousands of municipal by-laws across Canada, however, is hardly a satisfactory solution to the problem. Such by-laws will vary from community to community, and, of course, would only pertain to municipal property, such as parks and swimming pools, etc. For example, there would still be no prohibition against walking down a public highway topless.

Public nudity is a moral issue of national public concern and should, therefore, be dealt with by the federal government under the Criminal Code.

Because Ms. McLellan is apparently convinced that toplessness is only a matter of minor concern to a small segment of the population, it is necessary that she receive a firm message to the contrary, e.g., that this is a matter of national concern to be dealt with under the Criminal Code.

The two Ontario women, Roxanne and Brenda James, who successfully obtained the massive 60,000-signature petition have now launched Phase Two of their Plan of Action, which is to carry out a letter writing campaign to Ms. MacLellan. Please assist them. It is our fight too.

Please send a letter to Ms. McLellan and to your MP demanding that S.173 and S.174 be amended to specifically prohibit women from appearing topless in public.

The Hon. Anne McLellan

Minister of Justice and Attorney General of Canada

Justice Building

239 Wellington Street

Ottawa ON K1A 0H8

Tel 613-992-4621

Fax 613-990-7255

Your MP

House of Commons

Ottawa ON K1A 0A6

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