Women sunbathed topless in city park

By MIKE O'BRIEN
of The Leader-Post

A judge dismissed criminal charges against two women who sunbathed topless in a downtown Regina park, but said that doesn't mean women are free to bare their breasts anywhere, anytime.

Kathleen Rice and Evangeline Godron were charged with creating an indecent exhibition in a public place after they took their tops off in Victoria Park on Aug. 19, 1997.

"The two accused, suntanning topless in the park where there were also topless males, did not cause any harm, disturbance, argument or cause a crowd to gather," Provincial Court Judge Eugene Lewchuk said in his ruling Wednesday. "In those circumstances, it did not constitute ... an indecent exhibition.

"Certainly, in different circumstances, where it could be shown there was a risk of harm, a disturbance or that the conduct was of a sexual nature, there could well be a conviction under the Criminal Code."

Lewchuk said he was troubled by the fact a children's playground was nearby, but was satisfied the cenotaph in the centre of the park blocked their view of the women.

Rice, 42, was pleased with the ruling but didn't like some of Lewchuk's rationale.

"This suggests that it's harmful for children to see women (topless). I think that it's more harmful for women to be sexualized by society."

Rice said she went topless on a dare and because she wanted to call attention to gender-equity issues. "I wonder how (men) would feel if they had to wear a tank top coming out of the water when it's 30 degrees."

Lewchuk said a similar 1996 ruling by the Ontario Court of Appeal was "persuasive." That court overturned the conviction of a Guelph woman who walked topless along a downtown street on a hot day in 1991. In that case, the woman upset some members of the public and defied police, he said.

Godron, 63, did not attend court. Her lawyer said Lewchuk's decision clears up confusion about what the Ontario Court of Appeal ruling means for women outside Ontario. "This makes it clear that if it applies in Ontario, it applies everywhere," James Rybchuk said.

Crown Prosecutor Rhonda Tibbett said the ruling means the legality of similar incidents will depend on the circumstances. However the police and the prosecutor's office already take those things into account and will continue to, she said.

Lewchuck said judges must determine what constitutes community standards in such cases. "The standard is not set by those of lowest taste or interests, nor by those of rigid, conservative or puritan tastes. The court has to arrive at an average of the community standards that is fair and objective."

A child-care worker who regularly brings children into Victoria Park said she would escort them out if there were any nudity nearby.

"It's just not something that's appropriate for a lot of children," Allyson Onrait said.

Saskatchewan Party MLA June Draude called the ruling "great" but doubts many women will jump at the opportunity. "If women want to go bare-breasted, that's fine with me."

A few members of the New Green Alliance political party attended court in support of Rice and Godron.

"Our interest is in the fight against discrimination, whether it's based on sexual or other grounds, and to support women fighting for gender equity," said Jerome Legault, a member of the party's alternative communications committee.