07/09/2024 / By Olivia Cook
The Toronto Police Service refused to arrest multiple men who attended the city’s Pride Parade completely nude, claiming that doing so would not be in the best interest of the community.
Pride parades, including the ones held in Toronto, are colorful demonstrations of LGBTQ+ pride and solidarity. They feature marches, floats, performances and community gatherings, attracting diverse participants and supporters.
However, discussions around public nudity during these parades have sparked debates concerning legalities, community standards, the rights of participants and the welfare of children and minors. Recent incidents during Toronto Pride parades have drawn attention due to public nudity, prompting discussions about its appropriateness and legality.
Videos from these events captured moments of adults, predominantly men, walking nude through downtown Toronto streets, sometimes interacting with spectators, particularly children and minors, in provocative ways. (Related: Nudists at largest Pride parade in Canada exposed themselves to children in the audience.)
During one parade, a person wearing only a cartoon character mask and rabbit slippers amused onlookers but raised questions about public decency. Another scene showed a naked woman engaging in self-expressive behavior, which some found empowering while others deemed inappropriate for such a public event.
Under Section 174 of Canada’s Criminal Code, public nudity without lawful justification is generally prohibited. The law aims to uphold public decency and protect community standards. However, enforcement of these laws, particularly during large-scale events like Pride parades, poses challenges for law enforcement.
The Toronto Police clarified their stance, emphasizing that their primary focus during large-scale events such as the Pride Parade, which draws massive crowds, is on public safety and maintaining a peaceful atmosphere.
They highlighted that initiating proceedings for public nudity requires consent from the Attorney General, making such arrests impractical and not aligned with community safety priorities.
In a statement sent to True North, a Toronto police spokesperson explained: “Arresting individuals for public nudity at events attended by as many as a million people is not in the best interest of officers or the community. The legal process for such charges mandates consent from the Attorney General, further complicating enforcement efforts.”
While public nudity falls under the scope of indecency laws, which also cover indecent acts and exposure, specific charges, such as indecent exposure – defined as exposing genitals for a sexual purpose to someone under 16 years old – do not require the Attorney General’s consent.
Section 173(1) of Canada’s Criminal Code states: “Everyone who willfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person is guilty of an indictable offense and is liable to imprisonment for a term of not more than two years” and “every person in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years is guilty of an indictable offense and is liable to imprisonment for a term of not more than two years.”
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