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* * * FOR IMMEDIATE RELEASE * * * CROWN DECIDES NOT TO CHARGE NUDISTS ARRESTED AT TORONTO’S GAY PRIDE PARADE
TORONTO, Sept. 12 -- The Crown Attorney’s office decided today not to prosecute seven men arrested for public nudity at Toronto’s 2002 Gay Pride Parade on June 30. A preliminary court date set for September 18 has been withdrawn. Paul Culver, a senior crown attorney, reviewed the relevant law and facts. He conceded today in a letter to the seven’s lawyer, Peter Simm, that “there is no reasonable prospect of conviction.” Simm had made extensive written submissions to Culver after the arrests. The seven men had been arrested immediately after marching to the end of the parade route clad only in footwear and sunscreen. They formed part of the parade contingent of a gay nudist group, Totally Naked Toronto Men Enjoying Nudity (TNT!MEN). The parade’s official theme was “Uncensored”. Simm said his clients are pleased the Crown decided not to lay charges. “The Crown effectively conceded that we were right all along and the police were wrong. But my clients are upset that they were arrested in the first place. Police should have made a better effort to find out what the law actually is, rather than arresting people willy-nilly”.
Simm explained that because the seven men wore at least footwear, a conviction would have been legally impossible without showing “a reasonable apprehension of an identifiable, substantial risk of harm to on-lookers or society.” He said, “The Ontario Court of Appeal ruled in the 1996 toplessness case of Gwen Jacob that it’s not enough for the Crown to merely speculate about harm, nor to rely on the fact that some individuals complain they are offended.” The court stated in that case, “No one who was offended was forced to continue looking at her.” TNT!MEN has had nude marchers in Toronto’s Gay Pride Parades each year since the club formed in 1997. On February 28, 2002, Toronto’s Police Services Board ratified Chief Julian Fantino’s decision “that no action be taken” on a complaint about nudity in the 2001 parade. TNT!MEN has 270 members. It is best known for its work in getting Hanlan’s Point Beach officially designated as clothing-optional. MEDIA CONTACT Note: Paul Culver’s phone number is (416) 327-5990. |
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