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Ontario man challenging Canada's nudity laws
CTV.ca News Staff
Date: Monday Jul. 4, 2011 9:06 PM ET
Should it be illegal to go through a drive-thru stark naked? Brian Coldin doesn't think so.
This week, his lawyers plan to argue that public nudity shouldn't be a criminal offence at all.
Coldin is a longtime "naturist" who runs a clothing-optional resort near the town of Bracebridge, in Ontario's picturesque Muskoka region. He's faced a number of charges over the years, and was the subject of a 2005 documentary from CTV's W5, called "A Town Without Pity."
He was charged with public nudity two years ago, after driving through an A&W naked with three others and placing an order.
The trial has dragged on for months, but this week, Coldin's lawyers plan to argue that the nudity laws under which he was charged are too broad and are therefore unconstitutional.
Coldin is charged under Section 174 of the Criminal Code, which says it is illegal to be nude in a public place, or while exposed to the public while in a private place.
His lawyers say the laws are so broad that one could be charged just by being seen naked while in one's own home.
Nader Hasan, one of Coldin's lawyers, says laws should exist to protect us from harm, "not to protect the sensibilities of the most prudish among us," he remarked to The Canadian Press in an interview.
"These laws violate freedom of expression and they are overbroad such as to punish all kinds of conduct that is completely harmless and shouldn't be criminal."
He notes that if the nudity provisions of the Criminal Code are struck down, there would still be public indecency laws on the books, so acts like flashing or public masturbation would still be illegal, since they are covered under separate provisions.
Hasan says if the nudity laws are overturned, it would no longer be a crime to be nude while sunbathing or changing at the beach.
The arguments about the constitutionality of Canada's nudity laws come at the end of Coldin's trial for incidents that took place in May 2009.
The judge will rule on whether Coldin is guilty of the charges he's facing and on the constitutionality of the nudity laws at the same time.
Since witnesses were called during the actual trial who spoke about Canada's nudity laws, there will only be statements by lawyers on Tuesday.
The arguments will take about a day, Hasan expects.
With files from The Canadian Press
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