Topless crusader vows to keep fighting

September 02, 1998

By Martin O'Hanlon

REGINA (CP) _ A woman who won a legal battle over the right to go topless in public vows to continue her crusade after being charged again. ``I feel that I'm not guilty, without question,'' Evangeline Godron said after a brief court appearance Wednesday.

``I keep expecting it to be thrown out of court and it hasn't happened.'' Godron, who had her case put over until Sept. 18, was charged with assault and mischief Aug. 21 for refusing to leave a city pool where she was swimming topless.

She didn't strike anyone, but police can charge someone with assault if they refuse to leave a property when asked. The 64-year-old great-grandmother said she was simply exercising her newly won legal right to go topless.

Last month, a Regina judge acquitted Godron and Kathleen Rice of creating an indecent exhibition by baring their breasts in public. Judge Eugene Lewchuk said the women didn't violate community standards when they sunbathed topless in a downtown Regina park on a hot afternoon last summer.

Lewchuk accepted a 1996 ruling by the Ontario Court of Appeal that affirmed the right of women in that province to doff their tops. However, the judge warned the acquittal didn't mean women could bare their breasts in all circumstances.

Anyone who offends community standards, for example by acting in an erotic manner or going topless in the presence of children, could still be charged, he said. Godron said she has returned to the pool since the latest incident but didn't bare her breasts.

``They told me that they were prepared to violate the Constitution by calling in the police if I should take it off,'' she said. ``I kept it on.'' However, she's not sure if she'll continue to obey the rules.

``I haven't made up my mind on that one.'' The topless debate became a national issue in 1991 when Gwen Jacob was convicted of committing an indecent act for walking down a street bare-breasted in Guelph, Ont.

Jacob appealed the judgment and in 1996, Ontario's appeal court overturned the conviction.
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