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On Sunday, 13 May 1999, during another crowded day at the new Hanlan's Point clothing-optional beach, four cops took matters into their own hands and started ordering people out of the water. It seems the cops actually read Peter Simm's report which refers to an obsolete Toronto Harbour Commissioners bylaw (Section 1(b) of the THC Bylaw 20) from the 1930s which required people swimming in the Toronto harbour to be wearing a "proper bathing costume".
Bylaw is obsoleteUnfortunately for the four cops, the bylaw in question has not been in effect since the Toronto Harbour Commission ceased to exist last week. Indeed, even when it was in effect, it has almost never been enforced, and there is reason to believe it was never enforceable. The bylaw in question (when it was in force) depended on the definition of "indecent exposure". That meant a court would determine the community standard of tolerance for nudity in that specific context. There is no way that a charge under that old bylaw, even if it were in force, would possibly stick for swimming nude at an officially clothing-optional beach.
The new Toronto Port Authority, which replaced the old Toronto Harbour Commission on June 8th, has not automatically assumed all of the old bylaws. They will be meeting later this month to discuss which of the old bylaws to adopt, and they have explicitly stated that they will not be adopting the section regulating bathing attire.
Belligerent Cop claims right to choose which laws to enforceDon Zale, a TNT!MEN member who's been using Hanlan's Point Beach for over twenty years, was quoted in the Toronto Star saying: "The cops are usually nice, but this guy was different. He was volatile, just nuts. He told us he'd interpret the law as he saw fit." Don told me that the ring-leader was quite belligerent with the many beach-goers who demanded an explanation. "He said that he was an independent agent of the crown, and that it was up to the individual officer to choose which laws to enforce. I couldn't believe it." Neither can I; I've always thought that police had to follow the orders of their superiors, but this fellow didn't seem to think so. When I spoke with the duty officers at two police stations, neither of them knew anything more about the legal status of the clothing-optional beach than they had read in the papers. I was shocked. Somehow, I had always assumed that the police knew more about the law than most people, but that may not be as true as one would hope.
Speaking with staff at 52 Division, I was told that this self-styled "guardian of public morality" opposes the clothing-optional beach, and will continue to use whatever means he can to undermine its success.
Top cops say nude swimming okay with themFortunately, this loose cannon does seem to be acting on his own. Don tells me that partway through the the harrassment at the beach, two of the four cops just walked away and refused to speak about the matter. It seems even his cohorts aren't supporting this. His superiors certainly aren't. City Councillor Kyle Rae, in an interview with City TV, revealed that the Unit Commander of the four officers, and the Deputy Chief of Police, were "concerned that officers had gone off on their own to harrass people." In fact, the Unit Commander was away on holiday at the time. Both the Deputy Chief and the Unit Commander have reassured Kyle that they have no intention of enforcing this law. Hopefully by this point their own lawyers have made it clear to them that the law is now obsolete.
Police embarrassment heard around the worldPeter Simm was interviewed by all the reputable press in the city (which doesn't include the "National Post") with respect to the beach. For this story he was also interviewed by the Reuters news agency, so the news of the police embarrassment will get global coverage.
Check the Hanlan's Beach Newspaper Articles web page for the latest stories about the incident: