• Recommendations

• Executive Summary

1. Geographic Realities

 
1. Where's Hanlan's Point Beach?
2. Island Residents Are Distant from Hanlan's Point Beach
3. Natural Foliage Screens Views

 
2. Recreation Realities

 
1. Hanlan's Point Beach is Very Underutilized
2. Toronto Island Will Still Have Several Other Venues for Clothing-Mandatory Swimming and Sunbathing
3. Skinnydipping and Nude Sunbathing Are Just Other Forms of Recreation

 
3. Social Realities

 
1. Popularity and Popular Tolerance
2. Hanlan's Point Beach and Families

 
4. Legal Realities

 
5. Economic Realities

 
1. Vancouver's Clothing-Optional Wreck Beach is a Famous Tourist Attraction and Extremely Popular with Locals
2. Enhancing Toronto Tourism and Hotel Revenues
3. Boosting Ferry Revenues

 
6. Historical Realities: Toronto's Tradition of Nude Bathing at Hanlan's Point

 
1. Centuries of Clothing-Optional Recreation at Hanlan's Point
2. Toronto By-laws Officially Permitted Nude Bathing at Hanlan's Point Beach
3. The Tradition of Nude Bathing at Hanlan's Point Beach Has Continued

 
7. Regulation of Beach Attire: A History

 
1. The Wiles of the Sea Vamp: Sexism and Beach Censorship
2. I've Had It Up to Here! (And Down to There): Neck-to-the-Knees, 1890-1930
3. Topless in Toronto
4. Uncovered Bathing Suits Banned in Toronto Parks and Streets, 1930-1966

 

• Appendix "A" - Perimeter Signage

 
• Appendix "B" - A Brief History of Hanlan's Point

 
• Appendix "C" - Nude Bathing Elsewhere
1. Torontonians Lack Other Venues for Nude Sunbathing
2. Other Clothing-Optional Beaches in Canada
3. Some Other Clothing-Optional Beaches Around the World

 
• Appendix "D" - Who Prepared this Brief?

 
• Appendix "E" - Photographs of Hanlan's Point Beach (July 1998)

 
• Endnotes

1. Toronto City Council should restore the clothing-optional status of Hanlan's Point Beach, in time for the 1999 summer season.

 
2. To maximize recreational usage among tourists and Torontonians, signs at the ferry docks should inform interested persons of the beach's location and clothing-optional status.

 
3. To ensure that no one will stumble onto the beach unaware of its clothing-optional status, appropriate signage should be installed at the access points to the beach.

 
4. To gain the greatest possible tourism benefits, the beach's clothing-optional status and accessibility should be promoted in Toronto tourist literature, websites, etc.

This brief proposes that Council enhance Toronto tourism and recreation by restoring official clothing-optional status to Hanlan's Point Beach.

This beach is on the west shoreline of Toronto Island, running south from the City Centre Airport. Island residents live about 5 km away, and enjoy their own beach at Ward's Island.

Hanlan's Point Beach is the perfect venue for a clothing-optional beach. This extremely underutilized site is accessible yet secluded. Foliage screens the view from the adjacent parkland.

Appropriate signage will not only alert those who prefer to avoid seeing the human body in its natural state, but will also draw the many Torontonians and tourists who prefer swimming and sunbathing au naturel on warm summer days .

For centuries, people have enjoyed nude swimming and sunbathing at Hanlan's Point. What was once a matter of tradition and custom eventually was formally recognized by Toronto City Council. During a 36-year period from 1894 to 1930, Toronto by-laws expressly designated a beach at Hanlan's Point as clothing-optional.

A wave of prudishness in 1930 swept away that designation, while casting ashore a Puritanical ban on uncovered bathing suits in parks and city streets. Prudishness crested in the mid-1930s, with isolated hysteria about men going topless at beaches, and with official censors judging the propriety of bathing suits. That surge quickly receded from popular opinion in Toronto.

Over time, the damage caused by the Depression-era prudery has largely been repaired, except for the loss of the official clothing-optional status at Hanlan's Point. Although the longstanding Toronto tradition of nude bathing has survived there, the beach is very underutilized. Large stretches are deserted even on hot summer days, and many are unaware that this beach even exists.

When Hanlan's Point Beach is once again officially clothing-optional, there will still be several venues on Toronto Island for people who prefer to swim where bathing suits are mandatory, including 5 wading pools and 3 other supervised beaches.

Back on the mainland, people wanting to swim or sunbathe at a clothing-mandatory beach will still have a choice of at least 12 such beaches in Toronto. Clothing-mandatory swimming will also continue at 73 indoor and 59 outdoor pools operated by the City.

By virtue of being within a municipally-designated clothing-optional zone, people will have a "lawful excuse" to skinnydip and sunbathe nude there, as contemplated by the public-nudity provisions in the Criminal Code. Accordingly, nudity at Hanlan's Point Beach will not be a criminal offence.

In other North American urban centres similar in size to Toronto, clothing-optional beaches have proven to be extremely popular with local citizens as well as tourists. Wreck Beach in Vancouver, and Haulover Beach in Miami, each get about 5,000 visitors on a hot sunny weekend day. Hanlan's Point Beach could easily attain comparable popularity with both Torontonians and tourists when it is again made officially clothing-optional.

Of 702 respondents in a 1998 survey, 34% will swim or sunbathe nude at an officially clothing-optional beach in Toronto. An additional 50% might not personally go, yet support such a beach being available to people who enjoy this form of recreation. In total, 84% support restoration of the clothing-optional status of Hanlan's Point Beach. A mere 14% are opposed.

Toronto's tourism and hotel revenues will grow substantially when the clothing-optional status of Hanlan's Point Beach is restored. Wreck Beach has garnered favourable recognition as a tourist attraction in virtually every current guidebook on Vancouver.

One of the leading tourist guidebooks on Florida states that Miamis Haulover Beach "attracts nudists from around the world and has created something of a boom for area businesses that cater to them." The Miami Daily Business Review concurs that Miami's only official clothing-optional beach "has become a powerful draw for foreign tourists, helping lift once-sagging hotel occupancies."

The costs of restoring clothing-optional status to Hanlan's Point Beach will be minimal. About the only up-front expense is appropriate signage. No perimeter fence is required, as foliage already provides a natural screen and barrier between the beach and the adjacent parkland. Also, Toronto's ferry operations have sufficient spare capacity to meet any foreseeable extra demand.

Of course, if official clothing-optional status greatly increases the popularity of Hanlan's Point Beach, the safety of swimmers might warrant a second lifeguard station. A sustained increase in the beach's popularity might also entail demand for more change-room and washroom facilities.

In addition to collecting tax revenues generated by increased tourism and its multiplier economic activity, the City will benefit more directly as well. Incremental ferry revenues will realistically amount to $400,000 per summer, with minimal extra expenses.

Recognizing that different people have different recreational interests, the City of Toronto routinely provides facilities for a wide range of recreational activities, such as golf and bocce. Few?if any?are universal favourites. Nude swimming and sunbathing are simply other forms of recreation.

Restoring clothing-optional status to Hanlan's Point Beach will expand the range of recreational options available to Toronto residents. Official designation will enable large numbers of Torontonians to enjoy swimming and sunbathing au naturel at this secluded and extremely underutilized beach.

1.1 Where is Hanlan's Point Beach?

Centre Island and Ward's Island are not actually separate islands in Toronto Harbour, but form part of a continuous L-shaped landmass known as Toronto Island. (See Figure 1.) Hanlan's Point juts northward from the west end of Centre Island.

The residential area known as Ward's Island is on the east, and Centre Island is in between.

However, the Centre Island Ferry Dock and the Centreville amusements are actually on Island Park, an island separated from Centre Island by a lagoon and a regatta course. Several smaller islands separated by lagoons are also cradled by the L-shape of Toronto Island, but most are inaccessible to the general public. The exceptions are Olympic Island (a picnic island north of Centreville) and Algonquin Island (the second residential enclave, near Ward's Island).

From Gibraltar Point in the extreme southwest, the south shore of Toronto Island generally runs eastward, becoming northeasterly as it approaches the beach at Ward's Island.

The Hanlan's Point ferry dock is near the north end of Hanlan's Point, on the east side. The Toronto City Centre Airport occupies much of the northwest part of Hanlan's Point.

Hanlan's Point Beach is on the west shoreline of Hanlan's Point, running in a crescent shape south from the airport boundary.

The southern part of the beach has eroded quite substantially in the last three years. Comparing enlargements of aerial photos taken in 1995 and 1998,¹ one sees dramatic differences. An area of sand extending 20-25 metres back from the shoreline has disappeared. The southern part of Hanlan's Point Beach had boasted large expanses of sand stretching far back from the shore, as indicated on a detailed map of Hanlan's Point published in 1996 by Metro Parks & Culture. (See Figure 2).²

However, the 1998 aerial photo shows that this part of the beach is now just a narrow strip of sand, with several gaps. At places, the beach has eroded³ so completely that Lake Ontario laps at the trees and shrubs previously lining the back of the beach. The largest such gap extends about 100 metres along the shore just north of Gibraltar Point. Hanlan's Point Beach thus no longer goes as far south as did just three summers ago.
 
 

1.2 Island Residents Are Distant from Hanlan's Point Beach

The last homes at Hanlan's Point and Centre Island were removed in the early 1960s.⁴ The remaining residents of Ward's and Algonquin Islands are approximately 5 km away from Hanlan's Point by bicycle.⁵

This is equivalent to the distance between Union Station and Yonge & Bloor, six subway stations away. A person living at Queen & Bathurst is closer to the beach at Hanlan's Point than is a resident of the Toronto Islands. Island residents have their own large, supervised, uncrowded beach at Ward's Island.
 
 

1.3 Natural Foliage Screens Views

A foliage barrier at the south end of Hanlan's Point Beach effectively screens the view of anyone looking north from Gibraltar Point.

Another screen of foliage runs north/south behind (i.e. along the east side of) Hanlan's Point Beach. This separates the beach from the adjacent grassy parkland, and effectively prevents the beach from being viewed by people in the parkland. This visual barrier is so complete that many people walking (or rollerblading or bicycling) on the main pathways are oblivious to the existence of a sandy beach nearby. The foliage barrier is essentially continuous.⁶ For photographs showing the perimeter foliage, see Appendix E (pp. 31-33) below.

The only substantial gap is a fair distance from the main pathway opposite the tennis courts. This sandy entrance to the beach (near the lifeguard tower)⁷ comprises an 8-metre-wide break in the foliage screen. An artificial barrier could readily be placed there to screen the view of passersby while maintaining that access point to the beach (see Figure 3).

The north end of Hanlan's Point Beach abuts the south border of the Toronto City Centre Airport. Access to the beach on the airport lands is forbidden. People within the airport perimeter fence rarely have any view of Hanlan's Point Beach. Accordingly, there will be no need for an artificial screen at the north end of Hanlan's Point Beach.
 
 

2.1 Hanlan's Point Beach is Very Underutilized

In 1979, a reporter described Hanlan's Point as:⁸

A survey conducted during the summer of 1983 found that more than 74 per cent of visitors to Toronto Island spend all their time at Centre Island, while fewer than 10 per cent go to Hanlan's Point.¹¹ Indeed, only 5 per cent spent most of their time at Hanlan's Point.¹² The increased popularity of rollerblading and bicycling in recent years likely means that proportionately fewer visitors spend time at Hanlan's Point now than in 1983. Many who arrive or depart on the Hanlan's Point ferry cycle or rollerblade through the Island rather than lingering in one place.

In 1986, North York Controller Howard Moscoe (now Councillor for North York Spadina) observed that "suburban residents don't go the Islands as often as those who live in Toronto."¹³

Hanlan's Point Beach is indicated on a large map posted near the Hanlan's Point ferry dock, but there are no directional or other signs alerting people to the beach's existence or exact location. Because the beach is not visible from the paved paths that run south from the Hanlan's Point ferry dock, a substantial proportion of people on Hanlan's Point may be unaware of the beach.

In recent years, Hanlan's Point Beach has hosted a large number of spectators on Canada Day for the Festival of Lights in Toronto Harbour, and on specific dates at 10:30 p.m. for the Benson & Hedges "Symphony of Fire" International Fireworks Competition. Because these event are at night, they would not conflict with the use of the beach by sunbathers.¹⁴
 
 

2.2 Toronto Island Will Still Have Several Other Venues for Swimming and Sunbathing

When Hanlan's Point Beach is restored to clothing-optional status, there will still be several other venues on Toronto Island for people who prefer to swim where bathing suits are mandatory. These sites will include the following:¹⁵

• two (2) wading pools on Hanlan's Point;
• a supervised beach on the south shore at Gibraltar Point;¹⁶
• three (3) wading pools on Centre Island;¹⁷
• a supervised beach on the south shore of Centre Island;¹⁸ and
• a supervised beach at Ward's Island.¹⁹

Back on the mainland, people wanting to swim or sunbathe at a clothing-mandatory beach on the shores of Lake Ontario have a choice of at least a dozen such beaches in Toronto.²⁰

Clothing-mandatory swimming is also available at 73 indoor pools and 59 outdoor pools operated by the City.²¹ Of course, people seeking to indulge in clothing-mandatory sunbathing are free to do so at any of numerous parks in Toronto.
 
 

2.3 Skinnydipping and Nude Sunbathing Are Just Other Forms of Recreation

A stroll in a park is perhaps the closest thing to a form of recreational activity enjoyable to all Torontonians. However, recognizing that different people have different recreational interests, the City of Toronto provides specialized facilities for a variety of recreational activities that do not have universal appeal, and that are not necessarily intended for children.

For example, the City operates five golf courses.²² The City also maintains public facilities for a wide range of other recreational pursuits in which only subsets of the general population actually partake, such as bocce, volleyball, pole-vaulting, tennis, archery, high-jumping, "frisbee golf", rollerblading, javelin throwing, rugby, slo-pitch softball, hockey, shot-put throwing, bicycling, hurdles, ice skating, etc.

Nude swimming and sunbathing are simply other forms of recreation. Swimming skills obviously are required to skinnydip in deep water. However, unlike many recreational activities, nude sunbathing can be enjoyed by people regardless of their age,²³ physical skills, training, or fitness level. To participate in nude sunbathing, a person only really needs only a towel, drinking water, sunglasses, and sunscreen.
 
 

3.1 Popularity and Popular Tolerance

Clothing-optional beaches in other North American urban centres similar in size to Toronto namely, Wreck Beach in Vancouver, and Haulover Beach in Miami have proven to be extremely popular with local citizens as well as tourists. Based on that demonstrated popularity, it is reasonable to anticipate that Hanlan's Point Beach will attain comparable popularity with both Torontonians and tourists when it is restored to clothing-optional status. Indeed, a 1998 survey of 702 respondents at mainland Toronto beaches found that 34.2% will personally skinnydip or sunbathe nude at an officially-designated clothing-optional beach at Hanlan's Point.²⁴

Dr. Ronald Langevin, a psychologist and expert in human sexuality at the Clarke Institute in Toronto, gave expert evidence in a 1993 Ontario case²⁵ involving toplessness at a political protest. Based on his own studies, and a review of the relevant literature and surveys, he testified that in modern Canadian society, "there is a growing tolerance of varying forms of nudity". He cited beaches as an example. Judge McGowan accepted Dr. Langevin's expert opinion.

Tolerance of beach nudity is even higher in relation to a beach officially designated as clothing-optional. In Toronto today, many of those personally reluctant to visit a clothing-optional beach nevertheless support others having the freedom to do so, provided that -- as is proposed for Hanlan's Point Beach -- the beach is secluded from view and perimeter signage will prevent anyone from stumbling onto the beach unaware of its clothing-optional status. (For a discussion of perimeter signage, see Appendix "A" below.) The 1998 survey found that in addition to the 34.2% of respondents willing to go to nude at an official clothing-optional beach at Hanlan's Point, another 50.3% of respondents support that beach being made clothing-optional despite not intending to go skinnydipping themselves.²⁶ In total, 84.5% support the re-designation of Hanlan's Point Beach as clothing-optional. A mere 13.7% are opposed.
 
 

3.2 Hanlan's Point Beach and Families

In a recent decision, the Supreme Court of Canada observed that not all parks and swimming areas "are places where children are likely to be found." Writing for the majority, Mr. Justice Cory stated:²⁷

Under the Ontario Film Review Board's official guidelines, "casual, non-sexual nudity" may appear in a film that is rated Familyi.e. such sights are considered "suitable for unattended children".²⁸ Most paren'ts do not blindfold their children when entering a public change-room. On the other hand, responsible paren'ts do not leave young children unattended at any beach whether swimsuits are mandatory or not.

The argument that children (and other fragile citizens) would be traumatized by the sight of bare breasts was soundly rejected in the Jacob case. The Ontario Court of Appeal found that "there is no evidence of harm that is more than grossly speculative".²⁹

Indeed, many paren'ts believe that occasional recreation au naturel is substantially healthier for children than raising them in an environment where the human body is treated as something shameful. Experts concur. Dr. Lee Salk wrote in a June 1976 article for McCall's magazine, "Being natural and matter-of-fact about nudity prevents your children from developing an attitude of shame or disgust about the human body." This accords with the weight of subsequent studies. Published research has concluded that natural, non-sexualized nudity has no harmful effect at all for children. Rather, the scientific literature shows that, compared with non-nudist children, nudist children generally grow up with more positive attitudes about their bodies and their adult sexuality.³⁰

Nudist resorts typically are family-oriented, wholesome places filled with the sounds of children happily playingwithout getting grass stains on their clothes. Natural, non-sexualized nudist recreation helps inoculate children against damage from body-shame. In modern North American society, the incidence of anorexia demonstrates that body-shame is a serious problem that can be harmful socially, psychologically and even physically.

Of course, some paren'ts do sincerely believe that their children would somehow be damaged by seeing people skinnydipping or nude sunbathing at a beach. Appropriate perimeter signage at Hanlan's Point Beach will give them ample notice to avoid that particular beach. (For a discussion of perimeter signage, see Appendix "A" below.)
 
 

For more than a quarter century, Canadian courts have held that merely skinnydipping or sunbathing nude at a public beach does not constitute an indecent act.³¹

In a 1968 Ontario case, the magistrate commented that:³²

In the Criminal Code, the "public nudity" provision (section 174) is the only one under which a mere skinnydipper or nude sunbather could be charged. However, unlike most offences, a prosecution under section 174 could not proceed without the express consent of the Ontario Attorney-General. It seems doubtful that he would authorize the prosecution of someone who was merely sunbathing nude or skinnydipping at a municipally-designated clothing-optional beach that has perimeter signage (as is proposed for Hanlan's Point Beach).

Even if authorized, prosecution would fail. Section 174 does not apply to a person who had a "lawful excuse" for being naked. By designating Hanlan's Point Beach as clothing-optional, Council will create a "lawful excuse" for people to skinnydip and sunbathe naked there. Thus there will be no Criminal Code violation by persons who merely skinnydip or sunbathe nude in the clothing-optional zone. Of course, all other Criminal Code provisions will still fully apply there.
 
 

5.1 Vancouver's Clothing-Optional Wreck Beach is a Famous Tourist Attraction and Extremely Popular with Locals

Clothing-optional Wreck Beach has garnered recognition as a tourist attraction in virtually every current guidebook on Vancouver.³⁵ Indeed, the opportunity to swim and sunbathe nude at Wreck Beach has rated attention in many guidebooks on western Canada,³⁶ and even in several guidebooks on all of Canada.³⁷

Tourist guidebooks variously refer to Wreck Beach as "famous",³⁸ "immen'sely popular",³⁹ and "a spot unlike any other".⁴⁰ After describing it as "pleasant and quiet", one guidebook notes that Wreck Beach "is probably the best-known stretch of sand in the country."⁴¹

Another guidebook states: "Though extremely popular with locals, the beach is also the most pristine and least developed city beach [out of the dozen in Vancouver]."⁴² Yet another observes:

If the clothing-optional status of Hanlan's Point Beach is restored, Toronto has the potential to make even a Vancouverite slightly envious. Our summers are hotter and sunnier. Also, unlike Wreck Beach, getting to the beach at Hanlan's Point doesn't entail a steep climb down (and later, up) a ten-storey-high staircase on the face of a cliff.
 
 

5.2 Enhancing Toronto Tourism and Hotel Revenues

Writing about the clothing-optional beach in North Miami, the 1998 edition of one of the leading tourist guidebooks on Florida states: "Haulover Beachattracts nudists from around the world and has created something of a boom for area businesses that cater to them."⁴⁴ This is not surprising: worldwide, for many people planning vacations, the availability of a clothing-optional beach is a major consideration in selecting a holiday destination. For example, in June 1997, the London Times reported on "a boom in holidays offering naked enjoyment", and "heavy demand for nudist holidays."⁴⁵ (See Appendix "C" below for a brief listing of some other clothing-optional beaches around the world.)

A guidebook to Miami declares that "Haulover is renowned for its 'clothing-optional' (nude) area on the north end of the beach"⁴⁶ Another Miami guidebook enthuses that: "In recent years, the northern part of Haulover Park [Beach] has become a mecca for nude sunbathers[T]he nudists are not narcissistic, just happy to enjoy the beach au naturel."⁴⁷

The business and tourism benefits of Haulover were the subject of a 1995 Miami Daily Business Review article titled "Clothing-Optional Beach Proving a Powerful Draw for Hoteliers". The following are excerpts:⁴⁸

The existing city-run ferry service already has the capacity to handle an additional 5,000 passengers a day travelling to Hanlan's Point, without the need to acquire another boat or hire extra crew.

Because the ferry has to meet a regular schedule anyway, each additional $4.00 (return) fare will go straight to the bottom line.

When Hanlan's Point Beach is officially re-designated as clothing-optional, it might well prove as popular as Wreck Beach in Vancouver, which easily attracts 5,000 people each day on a sunny weekend in summer. Probably no more than 100 people currently use Hanlan's Point Beach on such a day. The incremental ferry revenue will thus be approximately $400,000 per summer.⁴⁹

This estimate allows for the effect of some inclement weather. At least one Toronto guidebook observes that Hanlan's Point Beach is sadly underutilized during the week: "[Y]ou'll have it largely to yourself on weekdays."⁵⁰ Any increase in the number of Hanlan's Point beach-goers on summer weekdays will be pure gravy.

It will probably take at least a few years for a clothing-optional Hanlan's Point Beach to reach its full popularity. Some of the more timid residents of Toronto and the GTA may need time to work up their nerve to go skinnydipping or sunbathe au naturel. Travel agents and tour operators around the world might also take a while to learn about Toronto's newest attraction and promote it to their clientele. As well, it will take a year or two for guidebooks on Toronto to reflect the clothing-optional designation. Meanwhile, tourism websites and other promotional channels could help spread the word. Quite conceivably, an international wire service may carry news of the designation, generating free, world-wide publicity for Toronto as a tourist destination.
 
 

6.1 Centuries of Clothing-Optional Recreation at Hanlan's Point

Toronto's original inhabitants were members of the Mississauga tribe. For generations before the arrival of the French (the first Europeans in Toronto), the Mississauga had used present-day Toronto Island as a health retreat, and "bathed in the peninsula's cool lagoons".⁵¹ (For a brief general history of Hanlan's Point, see Appendix "A" below.) The Mississauga were excellent swimmers "and thought nothing of crossing a river or lake two kilometres wide."⁵² When swimming, the Mississauga did not wear Speedos.⁵³

In their recently published, authoritative book on the history of beaches, Lencek & Bosker state:⁵⁴

In 1882, former Toronto alderman Erastus Wiman donated to the City "two Free Floating Swimming Baths", newly built at what is now called Ward's Island. (A swimming bath is a floating building moored in a natural body of water, with its floor designed to be under water to a suitable depth; and with side openings to allow water to circulate.) The Globe reported that, at the ceremony conveying his gift, "Wiman recalled those golden days of his youth when he used simply to go down to a wharf, strip off his clothes and take a 'header' into the bay".⁵⁵

A history of North American costume published by the Smithsonian Institution notes:⁵⁶

A painting for the cover of the Saturday Evening Post by Norman Rockwell captured a quintessential summer pastime for males in North America: skinnydipping at the local swimming hole. In 1897, Toronto's own Saturday Night magazine confirmed that this form of recreation was very much a Toronto institution: "The man who has no recollection of a favourite 'swimming hole' is to be pitied."⁵⁹ Similarly, reporting in 1893 on a new Toronto by-law officially creating clothing-optional beaches, the Toronto Empire stated that the by-law gives swimmers "permission to take an old-time plunge".⁶⁰ (The by-law is discussed in detail under a separate heading, below.)

References to a swimming hole's proverbial hickory branch remained part of Toronto popular culture well into the twentieth century⁶¹even if the notional "swimming hole" was sometimes actually a spot on the shore of Lake Ontario. In July 1934, the lead story in the Toronto Daily Star's society column was titled, "Two Guests at Fashionable Wedding [at the Toronto Hunt Club] Hang Their Clothes on the Hickory Limb and Go Swimming Instead of Dancing".⁶²

In her definitive history of the Toronto Islands, Sally Gibson mentions an anecdote about a man who was exercising his customary right to bathe nude prior to 9 a.m.:⁶³

6.2 Toronto By-laws Officially Permitted Nude Bathing at Hanlan's Point Beach

For a 36-year period between 1894 and 1930, Toronto by-laws officially designated three Toronto beaches as clothing-optional, including a clothing-optional beach at Hanlan's Point.

In 1890, a City of Toronto by-law⁶⁴ banned all types of swimming along the busy commercial waterfront between York Street and Jarvis Street. However, the by-law permitted nude bathing anywhere else "in the waters of the Toronto Bay, or in the Don River,⁶⁵ within City limits". The proviso was that nudity was allowed only between 10 p.m. and 6 a.m. At all other times, each swimmer, male or female, had to be in "a proper bathing dress covering the body from the neck to the knees".

A book on Toronto published a century ago suggests the origins of this new requirement that bathing suits be worn during daylight hours:⁶⁶

Four days later, Council revised the boundaries of the clothing-optional beaches.⁷² "Woodbine Avenue" was substituted for "Waverley Street", thereby removing most of Kew Beach from the easterly clothing-optional zone. As well, the western (Dufferin) edge of the westerly clothing-optional zone was moved 200 yards east.

It would seem that the two official clothing-optional zones were considered a success. The following summer, Council designated a third beach as clothing-optional. On July 17, 1894, Council amended the bathing by-law by adding a provision permitting nude bathing "at all times" at the western beach at Hanlan's Point.⁷³ The City Commissioner was mandated "to erect proper fencing" at the site. This official new, clothing-optional zone extended back 50 feet from the shore line, showing that Council contemplated this as a venue for not only nude swimming, but nude sunbathing as well.

For the next 36 years, Torontonians enjoyed skinnydipping and sunbathing nude at the three beaches officially designated by city by-laws.

During this period, some North American cities were demonstrably more prudish than Toronto. However, as discussed below, Toronto eventually had more stringent swimsuit regulations than just about everywhere else.

On July 29, 1930, Toronto Council passed a comprehensive new by-law regulating bathing in public waters,⁷⁴ which incidentally repealed the provision for clothing-optional beaches. Under the new by-law, a person wearing just a bathing suit could not be seen in any public place unless in a public water or at the adjoining beach or shore. Mayor Warring Kennedy stated:⁷⁵

6.3 The Tradition of Nude Bathing at Hanlan's Point Beach Has Continued

Despite the 1930 repeal of the by-law that designated the beach at Hanlan's Point as clothing-optional, the longstanding Toronto tradition of nude bathing continued there, even though Torontonians eventually forgot that that beach had ever been officially clothing-optional. For example, in 1979, a Toronto newspaper erroneously stated that "Nude sunbathing on Hanlan's Pointhas been going on for 30 years"i.e. merely since 1949.⁷⁷

In 1974, the Toronto Island Residents Association complained about the popularity of nude sunbathing at Hanlan's Point Beach. The next summer, Metro police vigorously cracked down, issuing more than 60 tickets under a Metro by-law, which said persons must not "enter or bathe in any waterwithout being properly clothed in a bathing suit."⁷⁸ Those who pleaded guilty were fined $25.⁷⁹ However, a law student successfully defended other sunbathers on the grounds that the by-law applied only to nude swimming, not nude sunbathing.⁸⁰

"Island police are constantly on the look-out for nude bathers," said a Constable with the Island Marine Unit in 1979.⁸¹

Another Constable with Metro's Island patrol told a reporter in 1982 that nude sunbathing at Hanlan's Point Beach "happens every year". However, he noted that "visitors are often surprised when police tell them that sort of thing isn't allowed here".⁸²

In 1982, two Toronto newspapers reported that the then newly-published World Guide to Nude Beaches and Recreation lists Hanlan's Point as a nude beach in Toronto.⁸³ Subsequent editions have continued to list Hanlan's Point Beach, as have other nudist or naturist publications. Indeed, the current editions of two mainstream (non-nudist) guidebooks on Toronto mention "a nude beach at Hanlan's Point,"⁸⁴ and "nude sunbathing at Hanlan's".⁸⁵

In 1991, after issuing 20-30 tickets under a Metro by-law, Metro police requested that foliage around Hanlan's Point Beach be removed so as to "restrict nude sunbathing". Police referred to nude sunbathing there as a "frequent summer pastime". Metro Parks officials turned down the request, because the vegetation is needed to prevent wind erosion. At the time, Ward 5 Councillor Elizabeth Amer's constituency included the Toronto Islands. Her assistant, Island resident Grahame Beakhurst, told the press that "the activities on the beach have never been a problem".⁸⁶

In a column titled "Metro's Finest Seek Naked Truth at Hanlan's Point", the Stars Joey Slinger commented: "Our community is missing out on a lot when it fails to see the police as an entertainment resource."⁸⁷
 
 

7.1 The Wiles of the Sea Vamp: Sexism and Beach Censorship

In the regulation of bathing attire, men have sometimes been subjected to a Puritanical arbitrariness that most Torontonians today would consider unfair or even bizarre. However, more often than not, the regulation of bathing costumes has manifested sexism, occasionally with an undercurrent of misogyny. Viewed in this context, access to a clothing-optional beach represents another step toward gender equality for women.

In 1881, the Montreal Swimming Club turned down a proposal to admit women, "since in the interest of propriety this innovation would require a special bathing place".⁸⁸ At the time, men were free to go skinnydipping, yet women were expected to wear concealing and cumbersome costumes that made actual swimming all but impossible. An historian of costume identifies the source of this sexist double standard:⁸⁹

For a woman who was more traditionally attired, "the anchor-like effect of her voluminous bathing outfit" was a "distracting and often dangerous impedimentto swimming". Indeed, the bloomer-style woolen costumes, "with sailor collars, puffed sleeves, and full skirts, could weigh as much as thirty pounds when wet."⁹³ Athletic swimming also would have been impossible in the corsetry that many women wore under their bathing costumes as late as 1910.⁹⁴

In June 1914, several people in New York City were arrested for improper bathing attire.⁹⁵ The next year, a Brooklyn priest conceded that "a certain degree of undress is essential for bathing". But he condemned bathers for spending time "on the sands where the sexes mingle with a degree of freedom that would not be tolerated on the street or even in a ballroom".⁹⁶ One letter to the editor agreed that "moral conditions at the beaches around New York are getting more disgusting every year."⁹⁷ Another retorted: "It is strange that the only critics of bathers are those who find no joy in the outdoor sport of it Plenty of clothes do not make morality."⁹⁸

In 1921, several nude sunbathers were arrested at an isolated beach on Long Island, New York. However, on the orders of the president of Long Beach Village, even a person wearing a one-piece bathing suit would have been arrested.⁹⁹

In January 1922, the St. Petersburg (Florida) Purity League requested that the mayor appoint "a bathing suit inspector". The League explained that it was seeking "to protect the married men from the wiles of the sea vamp."¹⁰⁰ Ironically, an editorial in the London News Chronicle in 1932 launched a campaign against nudity at English bathing resorts, on the grounds that "the average female figure is definitely unappealing".¹⁰¹

A New York Times editorial in 1923 stated:¹⁰²

Beach censors valiantly protected public morality at New York's Coney Island in 1926. As a result of their noble efforts:¹⁰⁶

In light of such inspiring examples, Toronto's Mayor Kennedy in 1930 complained: "There is no city on the continent that gives greater freedom in our bathing places than Toronto."¹⁰⁷ His Worship was overlooking the fact that by 1917, most American cities had ceased to require that bathing suits cover from the neck to the knees.¹⁰⁸ He also apparen'tly was unaware of recent events in Chicago: nine days earlier, Chicago's Health Commissioner had recommended that the city establish official nude sunbathing areas at each beach, segregated by gender.¹⁰⁹

The 1930 repeal of the official designation of Toronto's clothing-optional beaches was just a small part of a larger effort by Council to save Toronto the Good from perdition and ignominy. However, in some ways, the noble example of other cities was surprisingly slow to take root here: Toronto apparen'tly didnt have an official beach censor until 1934. (See below, under the heading "Topless in Toronto".)
 
 

7.2 I've Had It Up to Here! (And Down to There):
Neck-to-the Knees, 1890-1930

The requirement that swimmers (except in designated clothing-optional zones) wear "a proper bathing dress covering the body from the neck to the knees" was first imposed by Toronto City Council in 1890. In 1930, after this requirement had become ludicrously anachronistic, Council finally felt compelled to modify it. Council's demonstrated reluctance to act earlier was indicative of the timidity and prudishness operating when the clothing-optional status of the beach at Hanlan's Point was rescinded in 1930. This reluctance suggests that Council may have been influenced more by a vocal, Puritanical minority than by popular opinion.

In the late nineteenth century, a neck-to-the-knees rule was common in North America. However, by 1917, American cities generally were allowing women to wear bathing suits that didnt extend fully from the neck to the knees. Instead, U.S. cities permitted swimsuits that covered the chest at least up to "a line drawn on a level with the arm pits", and which had bloomers "not shorter than four inches above the knee."¹¹³

By 1923, Toronto's neck-to-the-knees provision was termed "antiquated" in internal correspondence of the Toronto Harbour Commissioners.¹¹⁴

In 1927, Council repealed, as "obsolete", all parts of a "public morals" by-law, except for the provision requiring bathers to wear neck-to-the-knees swimsuits unless in a designated clothing-optional zone.¹¹⁵

At the start of the summer season in England in 1930, rulings had been given "by 153 seaside resorts or inland towns with swimming baths on the color and style of bathing costumes to be allowed, while at 80 places bathers of both sexes will be free to wear what they like." Nudity, segregated by gender, was allowed in some of the latter group of English swimming facilities; but in the former group, a neck-to-the-knees garment was still insisted on by 43 places.¹¹⁶

Meanwhile, in continental Europe, beaches were becoming more liberal:¹¹⁷

Currently, clause 17(d) of Toronto's uniform parks by-law (By-law No. 736-92) provides:¹²²

Between 1893 and 1930, Toronto by-laws expressly recognized that it was reasonable and fitting to allow nude swimming and sunbathing at designated beaches with perimeter signage.

The era of the Middle Ages has been referred to as "one thousand years without a bath". The rarity of bathing in Europe was due largely to the Church's view that it was sinful to expose the body, even to oneself.¹²⁰ This view later led an anonymous wit to quip: "If God had meant us to be naked, we would have been born that way."

The Vatican now seems to agree. In 1981, Pope John Paul II (then Cardinal Wojtyla) wrote:¹²⁴

7.3 Topless in Toronto

In 1914, a middle-aged man complained that a typical, two-piece swimsuit for a male includes an "absurd shirt dangling anywhere from the waist line to below the knees".¹²⁵ It took a few decades, but men eventually started rebelling against being obliged to wear such a thing. This led to a brief period when some Torontonians were remarkably upset by male toplessness.

This isolated hysteria about men's chests was another example of the sort of extreme prudishness that accompanied Toronto's 1930 loss of our official clothing-optional beaches.

In August 1931, a 70-year-old Toronto man was hauled into court for exposing his "manly chest" when he

That same summer, "although the heat was stifling", a constable in Cooksville (now Mississauga) detained and lectured three young men for driving without wearing shirts.¹²⁷

The Canadian government asserted in 1932 that any City of Toronto by-laws pertaining to bathing are not applicable beyond the water's edge.¹²⁸ Two years later, Brigadier-General Langton, general manager of the Toronto Harbour Commissioners ("THC"), wrote to the federal Supervisor of Harbour Commissions:¹²⁹

Archived copies of internal THC correspondence show that public complaints were not the impetus for the new provision. Instead, the THC had started to regulate bathing suits on the basis of the personal views of the THC general manager.¹³³

The Toronto Daily Star savaged the notion of lifeguards spending their time passing judgement on the acceptability of swimwear rather than concentrating on monitoring beach safety. The Star in June 1934 published a mock news story titled "All in the Life of a Censor".¹³⁴ A lifeguard with an obviously fictitious name is commended by the Toronto Harbour Commissioners for his good judgement in delaying a rescue rather than foregoing the calculation of the surface area of the exposed skin on a sunbather's back.

The law firm retained by the Toronto Harbour Commissioners to prosecute fifteen people for violating the new THC provision in July 1934 advised the THC general manager "on a cursory glance of the Act that there is very grave doubt of the jurisdiction of the Commissioners to pass this by-law".¹³⁵ The THC nevertheless told the firm to proceed with the prosecutions.

A 1934 letter to the editor of the Star "on excessive prudery at Sunnyside Beach" stated:¹³⁶

By early 1936, the Toronto Harbour Commissioners recognized that the battle against male toplessness was hopeless. Swimsuit restrictions were the subject of mounting complaints from irate tourists and Toronto residents. The THC by-law provision on bathing attire was so widely flouted that it proved to be effectively unenforceable. It was replaced with the following:¹⁴⁰

In May 1936, the Toronto Police Commission appointed a new censor of bathing suits. A Toronto paper took this occasion to print photos of "modern" bathing suits modelled by members of the Dolphinet Swimming Club. The caption pointedly asked, "[W]hat will Chief Constable Draper think"?¹⁴¹

Because he was a censor, he may have considered it obvious as to what constituted a "proper" bathing suit, and what was not. Or perhaps he had some doubts. Should he at all costs defend Toronto's beaches against women wearing backless, décolleté (low-neck), one-piece swimsuits? Did he agree with the St. Petersburg, Florida, League of Decency that beach censorship is necessary "to protect the married men from the wiles of the sea vamp"?¹⁴² Should he keenly follow the example of the censor at New York's Coney Island who, in 1931, made sure that an orphan girl was jailed for exposing her shoulder on the beach?¹⁴³

Another pressing question faced our new beach censor: would allowing topless men to swim and sunbathe at Toronto beaches be the downfall of civilization?

Toronto newspapers of the era were awash with images that would arouse the ire of a beach censor. For example, in a one-month period, the Star published: a movie's publicity photo showing a topless man;¹⁴⁴ a cartoon illustrating a bare-chested man, "as fine a specimen of manhood as Tarzan had ever seen";¹⁴⁴ a photo of a champion boxer with his chest fully exposed;¹⁴⁶ and a series of gasoline ads depicting an athletic Indian brave clad only in a headdress, loincloth, and moccasins.¹⁴⁷

Toronto's mayor in 1936 had no qualms about publicly expressing his opinion on the topic. In an article titled, "'Disgusting', Says Mayor of Some Swimming Suits", the Star reported:¹⁴⁸

By 1939, male toplessness was the norm at most beaches in North America.

One wonders what Mayor McBride would have made of the Ontario Court of Appeal's ruling on non-commercial, non-sexual female toplessness in the Jacob case, fifty years later.
 
 

7.4 Uncovered Bathing Suits Banned in Toronto Parks and Streets, 1930-1966

In July 1930, Toronto Council passed a comprehensive new by-law regulating bathing in public waters, which incidentally repealed the provision for Toronto's three clothing-optional beaches. Under the new by-law, a person wearing just a bathing suit could not be seen in any public place unless in a public water or at the adjoining beach or shore.

Mayor Warring Kennedy stated:¹⁴⁹

Starting in May 1921, at the behest of a clergyman, people on the streets of Honolulu were required to be "covered suitably by an outer garment reaching at least to the knees". Many beachgoers complied by wearing coats or by wrapping towels around their waists, but still without wearing swimsuits underneath. Upon arriving at the beach, native Hawaiians continued to do what they had always doneswim and sunbathe free of textile encumbrances.¹⁵⁰

In June 1922, city authorities in Atlantic City, NJ, ordered that people wearing bathing suits in city streets must also don an outer garment covering at least to the knees. In protest, several guests at a local hotel paraded to the beach clad in barrels.¹⁵¹ Strict enforcement of the cover-up rule soon led to a new business: an enterprising young man rented out bath robes for ten cents each so that people could get past police lines at the beach entrances.¹⁵²

Starting in June 1923, a similar New York City ordinance prohibited walking on the boardwalk at Coney Island if clad only in a bathing suit. In the first week, over one hundred people were arrested. Each was fined the maximum of $25.¹⁵³ In 1925, a teenaged student, who couldn't afford bail, spent the night in jail because she had dared to tread on the boardwalk in just a bathing suit.¹⁵⁴

Torontonians were first subjected to this sort of provision in section 2 of the 1930 by-law on public bathing (the same by-law that repealed the clothing-optional beach designations):¹⁵⁵

The next day, the Star dispatched a reporter and a photographer to search for scantily-clad Orillians. None were found. The follow-up article was subtitled "Investigators Can't Find Basis for Mayor's Allegation as to Dress". Orillia's Reeve commented, "I don't think it is the opinion of the council or the people of the town that people are walking the streets without enough on." The Police Chief concurred, noting that he'd received only one complaint all year, from a storekeeper upset that a man was wearing shorts.¹⁵⁷ The story about Orillia's mayor -- a sort of twist on the fable of the Emperor's New Clothes -- became international news.¹⁵⁸

Back in Toronto, by 1935, the swimsuit-coverup provision was no longer being enforced (assuming it ever was enforced), and the police were not receiving any complaints from the public. Even so, a spokesman for the Toronto Police's Morality Squad was still warning that officers would not stand idly by if "you walk down Yonge St. wearing only a bathing suit, no matter if it was down to your knees".¹⁵⁹

It was not until 1966 that Toronto City Council finally repealed the 1930 provision on uncovered swimsuits. People wearing just a bathing suit could once again appear in public places without violating a Toronto by-law.

The last Puritanical excesses of the 1930 by-law were thus finally remedied except that the official clothing-optional designation of the beach at Hanlan's Point has still not yet been restored. Toronto City Council now has the opportunity to enhance the recreational opportunities of Toronto residents while reaping the benefits of increased tourism.
 
 

Gibson's historical anecdote about the nude swimmer and the female visitor shows that awareness of longstanding local custom cannot be taken for granted. Adequate signage is an important element when formally designating a beach as clothing-optional. Toronto City Council recognized this by expressly providing for signage when officially designating three clothing-optional beaches in 1893 and 1894, including the beach at Hanlan's Point.

In the recent Jacob case about a woman's topless stroll on a hot summer day, the Ontario Court of Appeal pointedly noted that "No one who was offended was forced to continue looking at her."¹⁶⁰ Appropriate signage will not only alert those who prefer to avoid seeing the human body in its natural state, but will also inform those who enjoy skinnydipping and nude sunbathing that those activities are permitted at the designated beach.

Such signs could simply state:
 

The opposite side of each such sign would correspondingly remind people leaving the clothing-optional zone:
 
 

A sign at each of the ferry docks would likewise alert visitors to the existence of the clothing-optional beach at Hanlan's Point.

About eight thousand years ago, the peninsula that became the Toronto Islands began to emerge from Lake Ontario as a sandbar. This continued to gradually build up as sand and gravel eroded from the Scarborough Bluffs and was carried by currents into the Toronto Harbour. (The Leslie Street Spit now substantially blocks this flow.¹⁶¹)

Before 1858, the Island area was known as "the peninsula", because it was connected to the mainland near Cherry Beach by a sandbar at the east end. A series of storms in 1858 created a channel through this isthmus to isolate the islands. The channel was later dredged and widened into the Eastern Gap.¹⁶²

In the late 19th century, Toronto Island was sometimes popularly referred to as "the Island of Hiawatha",¹⁶³ in a poetic recognition that the human history of Hanlan's Point is ancient. Algonquins around Lake Ontario were called Ojibwas or Chippewas by French missionaries, who were the first Europeans in the region. The Iroquois displaced the Ojibwas from southern Ontario for a half century starting in 1650, until the Ojibwas returned and drove them out. Europeans came to use the term "Mississaugas" for all Ojibwas on the north shore of Lake Ontario, although only a fraction were members of the actual Mississauga band.¹⁶⁴

The Mississaugas called the peninsula "Menecing", which means "on the island". They also referred to it as "the place of trees standing out of the water". The Mississaugas brought their sick to Menecing to recover in its healthful atmosphere, and collected the medicinal herbs and spices growing there.¹⁶⁵

Menecing was widely known among many aboriginal nations, and some visited this sacred neutral territory from as far away as Mississippi. Traditional enemies shared lodges and observed a truce as long as they were there. Menecing was a favourite site for native council meetings, and for centuries was a place where treaties were concluded.¹⁶⁶

In 1787, the Crown purchased Menecing as part of about 250,000 acres bought for a nominal price from the Mississaugas. The Crown then ceded the peninsula to the future City of Toronto.

Lieutenant-Governor John Simcoe, the first British governor of Upper Canada, arrived at York with his wife Elizabeth in the summer of 1793. Mere days later, they picnicked and went horseback riding on the peninsula, while the Queen's Rangers were busy building an encampment in what is now downtown Toronto. Governor Simcoe soon decided that a site on Gibraltar Point (later known as Hanlan's Point) would be the perfect place to build an impregnable fortress. This perceived military advantage became the basis for fending off suggestions that Niagara, rather than York, be capital of Upper Canada.

Mrs. Simcoe frequently visited what is now Hanlan's Point, referring to it as "my favourite sands". Described by Professor Marian Fowler as "repressed and programmed from birth", it is extremely unlikely that Mrs. Simcoe would have ever seriously thought of indulging in nude sunbathing. Rather, as befitted a Governor's wife, she devised a system to avoid exposing even her bare ankles when disembarking from a canoe. (She was also an incorrigible pyromaniac whose diary entries merrily recount setting several fires for her personal amusement.)¹⁶⁷

During the War of 1812, American troops destroyed the fort at Gibraltar Point. They then set fire to York (i.e. Toronto). In retaliation, the British fleet sailed up the Potomac and burned Washington, D.C. To cover up damage, the presidential residence was whitewashed. "So in some small degree, the White House is whitebecause of American military action on Gibraltar Point during the War of 1812."¹⁶⁸

As City's population grew, the Peninsula became a favourite site for horse-racing, hunting game birds, and drinking. A few establishments on the peninsula illicitly profited from their willingness to sell alcoholic beverages on Sundays.¹⁶⁹

The Hanlan family had originally lived at the east end of Toronto Island, but a severe storm in 1865 pushed their little house into the harbour. It washed ashore near the north end of Gibraltar Point. A few years later, John Hanlan, father of champion rower Ned, built a small hotel there, and the area started becoming known as Hanlan's Point.

The idea of creating "a public park or pleasure ground" on the Toronto Islands was first considered by Toronto City Council in late 1875.¹⁷⁰ For the protection of swimmers, the City in 1876 erected bathing fences at several areas on Centre Island, including the beach at Hanlan's Point.¹⁷¹

Although in 1878 the Hanlan family built an improved hotel, Ned invested some of his winnings from rowing competitions by constructing a large new hotel in 1880. The various Hanlan hotels had all been built on the east side of the Point, but by 1884, there was a competing hotel about a thousand feet south on the west side (i.e. beach side).¹⁷²

By the 1880s, there were already a few cottages and boathouses in the Hanlan's Point area on land leased from the City. Some grander summer homes were built on the main part of Centre Island. An 1884 book observes that the Toronto Island "is the favourite summer residence of many of our leading citizens, and is resorted to, Sundays and week days, by thousands, who enjoy its cool lake breezes and facilities for boating, fishing, bathing, and camping out."¹⁷³

On the east end of the Toronto Islands, at what is now known as Ward's Island, a swimming facility called Wimans Baths opened in 1881. It quickly proved popular. In 1884, the City leased out 500 feet of lake frontage at Hanlan's Point Beach. There Peter McIntyre built the West End Baths, which soon were known as Turner's Baths. This facility remained popular for over forty years, until abandoned¹⁷⁴ "in favour of a new bathing beach further south".¹⁷⁵

The summer resort did not retain its relatively idyllic character for long. In 1894, the Toronto Ferry Co. paid Ned Hanlan $50,000 for his interest in the Point, comprising the hotel and about two acres of land. The company spent another $250,000 to create an additional ten acres of dry land and to build the most modern amusement park in North America, which opened in 1895. Some children may have been disappointed that the amusements were closed on Sundays, and that kids were prohibited from playing in Toronto's public parks.¹⁷⁶ In 1897, the company added a baseball field for the International League Maple Leafs.

These attractions and Hanlan's Hotel were destroyed by fire in 1909, but the amusement park and baseball stadium were quickly rebuilt to reopen in 1910. Babe Ruth hit his first professional home run at the Hanlan's Point baseball field in 1914. The amusement park and baseball field remained tremendously popular for several more years.

However, Sunnyside opened in 1922, providing a more convenient venue for amusements and swimming. The Maple Leafs baseball team moved in 1926 to a new stadium at the foot of Bathurst. These developments, as well as the death of vaudeville, and the increasing demand for accessibility by automobile, diminished the allure of the attractions at Hanlan's Point. The attractions and ferry service were taken over by the TTC in 1927 when the City expropriated them from the Toronto Ferry Co. (The TTC continued to operate the ferry service until 1962, when the responsibility was transferred to the Metro Parks Department.) The amusement park at Hanlan's Point began fading from existence, its demise hastened by the onset of the Great Depression.¹⁷⁷

To prepare for the building of what is now the Toronto City Centre Airport (which opened as Port George VI Airport in 1939, and subsequently became known as the Toronto Island Airport), the baseball stadium was demolished in 1937, along with most of the amusement park. As well, barges were used to relocate about 30 homes from Hanlan's Point to Algonquin Island (then known as Sunfish Island). Much of the land comprising the airport was then built up with sand sucked up from the bottom of Toronto Harbour.

By 1937, the president of the Hanlan's Point resident's association was complaining that the weed-choked Island lagoons were poorly maintained: weeds cut yet not collected "go ashore, rot, and smell pretty bad."¹⁷⁸ In 1948, it was said to be common knowledge that the various Island beaches "have been neglected and have consequently suffered erosion", and that Hanlan's Point Beach is "backed by acres of swamp".¹⁷⁹ The last few remaining rides and a roller rink at Hanlan's Point were demolished in the 1950s.¹⁸⁰

The city gave Metro control of the islands on April 22, 1956, on the understanding Metro would develop the area as a regional park. As an editorial in the Toronto Telegram put it, until the transfer, "the Island was a city responsibility and the city neglected it."¹⁸¹

Under the enthusiastic direction of Metro Chairman Fred Gardiner, Metro quickly upgraded the picnic areas at Hanlan's Point by raising the level of flood-prone land, and by installing new tables, washrooms, swings and slides. A 1957 article also noted that "Signs point the way to bathing stations, where every care is taken to keep the beaches clean and attractive."¹⁸²

The last homes at Hanlan's Point were removed in the early 1960s.¹⁸³
 
 

C.1 Torontonians Lack Other Venues for Nude Sunbathing

Some Torontonians are fortunate enough to have backyards suitable for clothing-optional use. However, the vast majority of Torontonians do not have secluded backyards.

Similarly, a few balconies in high-rise residential buildings are secluded enough for nude sunbathing. Most Torontonians lack access to such balconies.

For the last three years, various municipal swimming pools in Toronto (such as the Harrison pool) have been rented to non-profit clubs for the express purpose of hosting clothing-optional swims.¹⁸⁴ Some of the swims have been organized for men only, some for women only, and some for both men and women.

All such swims have been successfully held without incident. The pools are indoors, and, due to scheduling demands, are generally available to a club only once a month for a two-hour period. These facilities are greatly appreciated by the groups renting them. However, during the summer, being able to skinnydip once a month for a few hours in an indoor pool is obviously not the same as being able swim and to sunbathe nude at a clothing-optional beach.

Some naturist (nudist) clubs in Ontario own lands with clothing-optional recreational facilities. There are no such club facilities in Toronto, as the cost of acquiring suitable land would be prohibitive. As well, a Torontonian who doesn't own a car would have difficulty travelling to the naturist club facilities located outside Toronto, as none are accessible to Torontonians by any form of public transit.
 
 

C.2 Other Clothing-Optional Beaches in Canada

A recent article in the Globe & Mail noted:¹⁸⁵

The reason is simple: Wreck Beachlike Hanlan's Point Beachis readily accessible within a major urban centre. In contrast, Meech Lake, Oka Beach and Crystal Crescent Beach are all significant distances from the nearest city (Montreal, Ottawa, and Halifax, respectively), and are not accessible by public transit.
 
 

C.3 Some Other Clothing-Optional Beaches Around the World

Due to space limitations, it is impossible to list here more than a small sample of the numerous clothing-optional beaches located outside Canada.

In the United States, "The 10 National Seashores run by the U.S. Park Service, which has no regulations against nudity, are particularly popular. Fire Island National Seashore, on New York's Long Island, for example, often draws 2,000 or more nudists on a summer weekend day."¹⁸⁸ Similarly, "Sandy Hook [is] a beach in northern New Jersey where nudists number up to 5,000 on peak days".¹⁸⁷

Mexico's official tourism agency boasts in its promotional brochures that Puerto Ángel, a town on the Oaxacan coast, is the site of an oceanographic university and is "the base to visit the beautiful nude beach of Zipolite."¹⁸⁸

There are several official clothing-optional beaches in the tourist-conscious Caribbean, including: Point Tarare, Guadaloupe; Orient Beach, Saint Martin; Cupecoy Beach, Sint Maarten; and Anse Trabaud, Martinique.

In Germany, one nudist organization has over 440,000 members.¹⁸⁹ This figure is especially impressive, given that most people at clothing-optional beaches are not members of any nudist organization. Near Berlin, Stranbad Wannasee is a lake beach with a sanctioned nude area.

A whole resort village in France -- Cap d'Agde -- converted itself into a giant clothing-optional zone, and is now regularly filled with tens of thousands of vacationers. There are also several clothing-optional beaches near Cannes, and a few near Nice and Marseille. In 1990, tourism at Saint-Tropez, France, was seriously threatened when the mayor proposed forcing naked bathers at the beach there to cover up.¹⁹⁰ The Star noted in 1931 that "The French police long ago gave up the idea of making the golden sands [of the Riviera] safe for Puritans".¹⁹¹

In 1994, an Austrian ski resort reserved a new, secluded 2.3 mile cross-country route especially for nudist skiers.¹⁹² Another ski resort in the Austrian Alps has successfully offered a nudist skiing area for 15 years. The Globe & Mail recently reported that:¹⁹³

Spain enjoyed government-designated clothing-optional beaches as early as 1930.¹⁹⁴ However, the fascist victory in the Spanish Civil War ended official tolerance of nudist recreation for several decades. After Franco's death, clothing-optional recreational use has been re-established at several beaches in Spain, including one near Barcelona, two in Palma de Mallorca, two near the city of Ibiza, and three near towns in the Canary Islands.

Sweden, Finland and Norway have a long tradition of recreational nudism.¹⁹⁵ In Denmark, recreational nudity is legal, and common during summer, in public parks.

In the Netherlands, municipalities are expected to formally set aside and designate suitable areas for nudist recreation.¹⁹⁶ This statutory provision refers to [translation] "a designated area, by order of the municipality, appropriate for undressed recreational activities".

The clothing-optional beaches of Greece are world famous and are major tourist draws.
 
 

This brief was researched and written on a volunteer basis by Peter Simm, a Toronto-based lawyer and economist who specializes in appeals and judicial review.

The Globe & Mail recently referred to him as "a legal scholar" in the field of Canadian law pertaining to nudity.¹⁹⁷

In August 1997, Mr. Simm gave a public lecture in Toronto on Nudity & the Law. In October 1998, he delivered a paper on comparative jurisprudence at a Miami conference on Non-Sexual Nudity. The conference was accredited for Continuing Legal Education credit by various state bar associations.

Mr. Simm attained his Bachelor of Commerce (with distinction) in 1986. After serving on the University of Toronto Faculty of Law Review, he graduated as a Bachelor of Laws in 1989, and in 1991 was called to the Ontario Bar.

The Ontario Law Reform Commission published a study that Mr. Simm co-authored on "Alternative Dispute Resolution and the Ontario Civil Justice System" (1996). This was the basis for a major announcement by Ontario's Attorney General affecting all lawsuits in the Province.

Mr. Simm's other publications include a long-term international macroeconomic overview published by the Economic Council of Canada (1988). More recently, a chapter by him on an exceptionally complex area of law, "Covenants that Run with the Land", was published in Tenant's Rights and Remedies in a Commercial Lease (1998).

Under the auspices of the Program on Negotiation at Harvard Law School, Mr. Simm co-authored Complaint-Mediation in Ontario's Self-Governing Professions (1995). This book became a standard reference on the use of mediation as an alternative to disciplinary hearings. An updated version was published in 1998 as Mediating Professional Misconduct Complaints.

Mr. Simm has performed research and policy analysis for a variety of official reports, such as the Pritchard Federal/Provincial Review on Liability and Compensation Issues in Health Care (1990), and the Osborne Inquiry into Motor Vehicle Accident Compensation in Ontario (1988).

Mr. Simm is a director of TNT!MEN, the non-profit organization that commissioned this brief. TNT!MEN (Totally Naked Toronto! Men Enjoying Nudity) is a club for men who enjoy naked social or recreational events. It has over 240 members.

TNT!MEN is affiliated with the Federation of Canadian Naturists, a Canada-wide organization which in turn is recognized by the International Naturist Federation.

Clause 1.4 of the Constitution of TNT!MEN states:

Photo 1: Hanlan's Point Beach, as seen from the adjacent parkland facing west.
Q: Where's the beach?  I don't see any beach!  A: Precisely!  The foliage screens it from view.
 
 

Photo 2: The teeming hordes at Hanlan's Point Beach on a hot summer day.  This picture faces south.  Note the natural screen of foliage on the eastern perimeter (left).

Photo 3: Hordes of people enjoying a hot summer day at Hanlan's Point Beach (facing north).
Q: Where are all the people?  A: Hanlan's Point Beach is remarkably underutilized.

Photo 4: Foliage blocks the beach's view of the adjacent parkland (and vice-versa), but bank towers can be seen from some parts of Hanlan's Point Beach (looking north-east).

Photo 5: Dense foliage at the south end of Hanlan's Point Beach blocks views from south of the beach.

Photo 6: Yet another exciting view of a virtually deserted beach and its perimeter screen of foliage.  (looking south-east)

  Endnotes

1. GeographicRealities

1.1 Where's Hanlan's Point Beach?

1. Northway Map Technologies Ltd. published a 1:2000 scale, aerial photo of the southern part of Hanlan's Point Beach taken in 1995, as photo 50F-111. The City of Toronto, Corporate Services Dept., Land Information Services office published a 1:5000 scale, aerial photo of most of Hanlan's Point Beach taken in April 1998, as sheet 98-50F. Because the latter was taken in the month of April, foliage does not appear nearly as dense as it would during the summer months.

2. Metro Toronto Parks & Culture, The Metro Parks: Fact Sheets & Information (Toronto: the Dept., ca. 1996) [unpaginated].

3. With the flow of material from the Scarborough Bluffs now impeded by the Leslie Street Spit, the western shore of Hanlan's Point is vulnerable to erosion from wave action: "Toronto Island Concept Plan", Neighbourhoods Committee Report No. 15, Toronto City Council Minutes, 1984, vol. 5, App. A., pp. 8468-8487 at p. 8472.

4. Alden Baker, "Government ready to back plan for transfer of Islanders' cottages", Globe & Mail (July 26, 1986).

1.2 Island Residents Are Distant from Hanlan's Point Beach

5. David Todd, "Islanders appeal to Metro over bicycle ban on ferries", Globe & Mail (July 21, 1986). Along Toronto Island's main pedestrian/ bicycle pathway, it is 2.5 km from Hanlan's Point Ferry Dock to the Island Filtration Plant; a further 1.1 km to the boardwalk, and yet another 1.7 km to Ward's Island Ferry Dock. "Hanlan's Point" and "Centre Island", in Metro Toronto, Parks & Culture, The Metro Parks: Fact Sheets & Information (Toronto: the Dept., ca. 1996) [unpaginated].

1.3 Natural Foliage Screens Views

6. See Ont. Ministry of Natural Resources, Surveys and Mapping Branch, topographical map sheets 10-17-6250-48300 and 10-17-6250-48250.

7. There is one lifeguard tower at Hanlan's Point Beach. During the summer (starting on Victoria Day and ending on Labour Day) it is manned from 11 a.m. to 7 p.m. seven days a week. Markers denote the area where swimmers have lifeguard protection: from about 75 metres north of the lifeguard tower to about 100 metres south of the tower. There are very few swimmers, partly because the beach is so sparsely used, and partly because of the sign posted immediately behind the lifeguard station:

"WARNING: Polluted waters. Swim at your own risk. Call 392-7161 Medical Officer of Health, City of Toronto."

2.1 Hanlan's Point Beach is Very Underutilized

8. Bruce Blackadar, "The Island -- a place for all reasons", Toronto Star (July 21, 1979).

9. J. Ebutt, Insight Pocket Guides -- Toronto (2nd ed.), (Toronto: Houghton-Mifflin, 1997), p. 52.

10. P. Coopersmith, Toronto: A Colourguide (Halifax: Formac Publishing, 1997), p. 70.

11. Alden Baker, "Scheme for Toronto Islands call for wave pool and farm", Globe & Mail (May 24, 1984).

12. "Toronto Island Concept Plan", Neighbourhoods Committee Report No. 15, Toronto City Council Minutes, 1984, vol. 5, App. A., pp. 8468-8487 at p. 8482.

13. Howard Moscoe quoted in Jim Byers, "Committee oks Island farm", Toronto Star (Sept. 19, 1986). A 1983 survey found that residents of the now-former City of Toronto accounted for about 46% of all visitors from Metro Toronto to the Toronto Islands: "Toronto Island Concept Plan", Neighbourhoods Committee Report No. 15, Toronto City Council Minutes, 1984, vol. 5, App. A., pp. 8468-8487 at p. 8482. However, suburban residents going to the Islands are more likely to have young children than are downtown residents. Accordingly, suburban residents would be more likely than downtown residents to concentrate on going to the childrens' amusements at Centre Island. This means that downtown Toronto residents likely account for a substantial majority of all GTA residents visiting Hanlan's Point. The relative scarcity of children at Hanlan's Point Beach tends to confirm this.

14. In 1998, the Symphony of Fire competition was held on June 13, 20, 24 & 27, and on July 1 & 4. Each year, a small crowd of people watches the CNE Airshow from Hanlan's Point Beach. The Airshow takes place on about three afternoons in late August, and lasts approximately one hour.
 
 

2.2 Toronto Island Would Still Have Several Other Venues for Swimming and Sunbathing

15. Metro Toronto, Parks & Culture, The Metro Parks: Fact Sheets & Information (Toronto: the Dept., ca. 1996) [unpaginated]. See, therein: "Hanlan's Point -- Park Characteristics -- Special Features"; "Centre Island -- Park Characteristics -- Special Features"; map titled "Toronto Island Park"; map titled "Toronto Island Park -- Hanlan's Point"; and map titled "Toronto Island Park -- Island Park/Centre Island".

16. The beach on the south shore of Gibraltar point comprises about 650 metres of shoreline, with sand extending back about 30 metres from the shore. It is equipped with change-rooms, washrooms and a lifeguard tower.

17. Of the three wading pools on Centre Island, one is about 125 metres from washrooms and change-rooms; one about 275 metres from washrooms and change-rooms; and one is about 10 metres from washrooms.

18. The beach on the south shore of Centre Island comprises about 575 metres of shoreline sheltered by a breakwater that extends along the length of the beach about 50 metres off shore. On the beach, sand extends back about 60 metres from the shore. The beach is equipped with washrooms, change-rooms and lifeguard facilities.

19. The beach at Ward's Island is triangular shaped, with about 500 metres of shoreline. Sand extends up to 150 metres back from shore. The beach is equipped with washrooms, change-rooms and lifeguard facilities

20. Such beaches include: beach at Marie Curtis Park (Etobicoke); beach at Col. Samuel Smith Park (Etobicoke); beach at Sir Casimir Gzowski Park (Toronto); Sunnyside Beach (Toronto); Cherry Beach (Toronto); Woodbine Beach (Ashbridge's Bay Park, Toronto); Kew Beach (The Beach, Toronto); Beach Park (The Beach, Toronto); Balmy Beach (The Beach, Toronto); beach at Bluffer's Park (Scarborough); beach at Cathedral Bluffs Park (Scarborough); and Rouge Beach (Scarborough).

21. See Bell Canada, City of Toronto Telephone Directory, 1998-99 (Toronto: Tele-Direct Publications, 1998), Blue Pages, pp. 25-26.
 
 

2.3 Skinnydipping and Nude Sunbathing Are Just Other Forms of Recreation

22. Don Valley Golf Course (Yonge, north of Wilson); Dentonia Park Golf Course (Victoria Park at Danforth); Humber Valley Golf Course (Beattie, north of Wilson and east of Islington); Scarlett Woods Golf Course (Jane at Eglinton West); and Tom O'Shanter Golf Course (Birchmount, north of Shepherd).

23. In the summer, parents should, however, be extremely careful about direct sun exposure for their young children.
 
 

3. Social Realities

3.1 Popularity and Popular Tolerance

24. Survey by Hanlan's Point Naturists, 1998. Each of the 702 respondents was asked: "Should Toronto have a clothing-optional beach that is designated and signed, and suitable for families, couples and singles? This area would be secluded, police-patrolled, and [currently is] lightly used like Hanlan's Point Beach on the Toronto Islands." Respondents were then offered a choice of four responses: (a) Yes, I would go nude there; (b) Such a beach would be fine for others, but not for me; (c) No; (d) Maybe.

25. R. v. Arnold, [1993] O.J. No. 471 (Ont. Prov. Ct.), at paras. 13 and 15 therein.

26. Supra, note 24.
 
 

3.2 Hanlan's Point Beach and Families

27. R. v. Heywood (1994), 120 D.L.R. (4th) 348 (S.C.C.) at pp. 385h and 386e.

28. Ontario Film Reveiw Board guidelines reprinted in P. Howell, "Don't Call Us Censors", Toronto Star (July 4, 1997), pp. B1, B3 at p. B3.

29. R. v. Jacob (1996), 31 O.R. (3d) 350 (Ont. C.A.) at p. 365. Writing for 2 of 3 members of the Court, Mr. Justice Osborne continued:

All that the trial judge had before him was some evidence indicating specific individuals' lack of acceptance of the appellant's choice of clothing. There was nothing degrading or dehumanizing in what the appellant did. The scope of her activity was limited and was entirely non-commercial. No one who was offended was forced to continue looking at her. I cannot conclude that what the appellant did exceeded the community standard of tolerance when all of the relevant circumstances are taken into account.

4. Legal Realities

31. R. v. Beaupré (1971), 7 C.C.C. (2d) 320 (B.C. S.C.); R. v. Springer (1975), 24 C.C.C. (2d) 56, 31 C.R.N.S. 48 (Sask. Dist. Ct.); R. v. Benolkin (1977), 36 C.C.C. (2d) 206 (Sask. Q.B.).

32. R. v. Salida (1968), [1969] 1 O.R. 203 (Ont. Mag. Ct.), per F.K. Jasperson, Q.C., Magistrate.

33. R. v. Benolkin (1977), 36 C.C.C. (2d) 206 (Sask. Q.B.), per McPherson J.

34. R. v. Johnson (1973), 40 D.L.R. (3d) 215, 13 C.C.C. (2d) 402, [1975] 2 S.C.R. 160.
 
 

5. Economic Realities

5.1 Vancouver's Clothing-Optional Wreck Beach is a Famous Tourist Attraction and Extremely Popular with Locals

35. T. Werschler and J. Lees, Vancouver -- The Ultimate Guide (5th ed.), (Vancouver: Douglas & McIntyre, 1996), pp. 103-104; A.R. Miller and J.M. Brown, Frommer's Vancouver & Victoria (3rd ed.), (New York: Macmillan, 1996), p. 102; P. Longnus et al., Vancouver (2nd ed.), (Montreal: Ulysses Travel Publications, 1998), p. 110; K. Wilson, ed., Vancouver Best Places (2nd ed.), (Seattle: Sasquatch Books, 1997), p. 142; B. Braidwood and R. Cropp, Romantic Days and Nights in Vancouver (Old Saybrook, Conn.: The Globe Pequot Press, 1998), p. 110.

36. F. Pratson, Guide to Western Canada (5th ed.), (Old Saybrook, Conn.: The Globe Perquot Press, 1998), p. 121; B. McGill, ed., The Big New BC Travel Guide, (Vancouver: Beautiful British Columbia, 1997), pp. 91, 95; M. Macaree and D. Macaree, 109 Walks in British Columbia's Lower Mainland (4th ed.), (Vancouver: Douglas & McIntyre, 1997), p. 13.

37. L. Cabasin, ed., Fodor's 99 Canada, (New York: Fodor's Travel Publications, 1998), p. 59; J. Chidley, The Complete Idiot's Guide to Exploring Canada, (Scarborough: Prentice-Hall, 1998), p. 243; W. Curtis et al., Frommer's Canada (10th ed.), (New York: Macmillan, 1998), p. 653; M. Lightbody et al., Canada -- Lonely Planet Survival Kit (6th ed.), (London: Lonely Planet Publications, 1997), p. 786.

38. K. Wilson, ed., Vancouver Best Places (2nd ed.), (Seattle: Sasquatch Books, 1997), p. 142.

39. W. Curtis et al., Frommer's Canada (10th ed.), (New York: Macmillan, 1998), p. 653.

40. P. Longnus et al., Vancouver (2nd ed.), (Montreal: Ulysses Travel Publications, 1998), p. 110.

41. M. Lightbody et al., Canada -- Lonely Planet Survival Kit (6th ed.), (London: Lonely Planet Publications, 1997), p. 786.

42. A.R. Miller and J.M. Brown, Frommer's Vancouver & Victoria (3rd ed.), (New York: Macmillan, 1996), p. 102.

43. B. Braidwood and R. Cropp, Romantic Days and Nights in Vancouver (Old Saybrook, Conn.: The Globe Pequot Press, 1998), p. 110.
 
 

5.2 Enhancing Toronto Tourism and Hotel Revenues

44. B. Goodwin et al., Frommer's 98 Florida, (New York: Macmillan, 1997), p. 113. The same also appears in V.P. Elliot, Frommer's Miami & the Keys (4th ed.), (New York: Macmillian, 1996), p. 126.

45. S. Keenan, "Ferries Drop Fares for Naturist Boom", Times (London) (June 12, 1997), p. 43g.

46. B. Sehlinger and J. Surkiewicz, The Unofficial Guide to Miami and the Keys (2nd ed.), (New York: Macmillan, 1996), p. 214.

47. J. Biondi, ed., Insight Pocket Guides -- Miami, (Boston: Houghton-Mifflin, 1996), p. 154.

48. A. Muellner, "The naked truth: Clothing-optional beach proving a powerful draw for hoteliers -- Tourism officials silent, but foreign guests get the word", Miami Daily Business Review (Apr. 11, 1995), pp. A1, A13.

48a. This is comparable to "Sandy Hook, a beach in northern New Jersey where nudists number up to 5,000 on peak days": Eugene Sloan, "Nude beaches, no longer cloaked in novelty", USA Today, (July 9, 1992), p. 10D.
 
 

5.3 Boosting Ferry Revenues

49. The calculation , per sunny summer weekend day, is: (5,000 -- 100) @ $4.00 = $19,600 incremental revenue per such day. Over June, July and August, there would be a total of 13 weekends, or 26 weekend days. The first weekend in September should be counted too, for a total of 28 weekend days. Then 28 @ $19,600 = $548,800. Allowing a 25% reduction for inclement weather, this leaves 75% x $548,800 = $411,600, which can be further rounded down to $400,000.

50. J. Ebutt, Insight Pocket Guides -- Toronto (2nd ed.), (Toronto: Houghton-Mifflin, 1997), p. 52.
 
 

6. Historical Realities: The Tradition of Nude Bathing at Hanlan's Point

6.1 Centuries of Clothing-Optional Recreation at Hanlan's Point Beach

51. Mike Filey, Discover & Explore Toronto's Waterfront (Toronto: Dundurn Press, 1998), p. 126.

52. Donald B. Smith, Sacred Feathers: The Rev. Peter Jones & the Mississauga Indians (Toronto and London: University of Toronto Press, 1987), p. 16.

53. See P. Folkes and N. Penny, Cassocks, Doublets, and Deerskin: Religious and Secular Costume on the Mission Frontier of New France in the First Half of the Seventeenth Century (Midland, Ont.: Friends of Sainte-Marie, 1988), p. 12.

54. Lena Lencek and Gideon Bosker, The Beach: The History of Paradise on Earth (New York: Viking, 1998) at p. 83.

55. Sally Gibson, More Than an Island: A History of the Toronto Island (Toronto: Irwin, 1984), pp. 90-91.

56. C.B. Kidwell and V. Steele, eds., Men and Women: Dressing the Part (London: Boot-Clibborn Editions; and Washington, D.C.: Smithsonian Institution, 1989), p. 117. Similarly, see R. Martin and H. Koda, Splash! A History of Swimwear (New York: Rizzoli, 1990), pp. 19-20.

57. This pattern was reproduced even at municipal swimming pools. For example, the Battery Pool in Manhattan in 1895 had "ladies' day" on Mondays, Wednesdays and Fridays: "Ladies' Day at the Baths", New York Times (June 29, 1895), p. 6, col. 2.

58. "Thousands Get Free Baths -- First Sunday of Their Opening Finds All of Them Crowded", New York Times (July 6, 1908), p. 14, col. 4.

59. W.J. Watson, "Swimming and Swimmers", Saturday Night (Aug. 28, 1897), vol. 10, p. 7.

60. "Ald. Crawford and the Boys -- His By-Law Gives Them Permission to Take an Old-Time Plunge", The Empire (June 20, 1893), p. 3, col. 1.

61. For example, at the City of Toronto Archives, the journal of Globe photographers lists, for June 23, 1923, "Humber River swimming hole at Dundas St.".

62. "Over the Tea Cups -- Two Guests at Fashionable Wedding Hang Their Clothes on the Hickory Limb and Go Swimming Instead of Dancing", Toronto Daily Star (July 4, 1934), p. 12, col. 3. For another local swimming hole, see "Old Swimming Hole Only Echo of Once Booming Valley Mills [in Weston's Humber Valley]", Toronto Star (July 10, 1934), p. 4, col. 2.

For other examples of high-society skinnydipping, see "Kin of Rockefeller Fined for Nude Dive", Toronto Daily Star (Aug. 13, 1931), p. 1, col. 1; and "Bathing Without a Costume -- Prosecution by Thames Conservancy", Times (London) (Oct. 8, 1929), p. 13d.

63. Sally Gibson, More Than an Island: A History of the Toronto Island (Toronto: Irwin, 1984), p. 92. An historian of costume notes that "Any woman with a pair of field glasses laid herself open to slander because men still bathed in the nude.": C. Saint-Laurent, A History of Ladies Underwear (London: Michael Joseph, 1968), p. 187.
 
 

6.2 Toronto By-laws Officially Permitted Nude Bathing at Hanlan's Point Beach

64. By-law no. 2449 (passed Jan. 13, 1890), s. 11; reprinted in City of Toronto Consolidated By-laws, 1890, at p. 97. The associated minutes do not disclose the content of any substantive debate, nor disclose that any substantive report was being considered by Council.

65. After the repeal of this provision in 1893 (discussed in the text below), skinnydipping in the Don River remained a common summer pastime. See photograph of men skinnydipping in Don River (ca. 1907), Archives of Ontario, image no. C 313-1-0-2-31; boys skinnydipping in the Don River near the Bloor Viaduct (ca. 1912), City of Toronto Archives, James Collection, image no. SC 244-7339.

66. C.S. Clark, Of Toronto the Good: The Queen City of Canada as it is (Montreal: Toronto Publishing, 1898), p. 4.

67. Ibid.

68. The fact that the "sand bar" was a peninsula jutting northwest from central Hanlan's Point is made clear in the labelling of City of Toronto Archives, James Collection, image no. 1376 (ca. 1909). Also see Goad's Atlas of Toronto, 1884 (Toronto: Goad's Insurance Co., 1884), at plate 30. Over the years, the sand bar continued to grow naturally, and the area immediately east of it was landfilled. It thus eventually became what is now the western shore of the northern part of Hanlan's Point

69. By-law no. 3179, reprinted in Toronto City Council Minutes, 1893, App. B, p. 274. Unfortunately, the minutes [at ibid, pp. 193-194, item 651] give no indication of the content of any substantive debate, nor disclose that any substantive report was being considered by Council. The Globe's coverage of Council's meeting mentions debate on various other issues, but gives no indication of debate relating to By-law no. 3179: "Sunday Cars, Once More: A Petition Favouring Them, Before C