Indecent acts

173. (1) Every one who wilfully does an indecent act

(a) in a public place in the presence of one or more persons, or

(b) in any place, with intent thereby to insult or offend any person,

is guilty of an offence punishable on summary conviction.

Exposure

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of fourteen years is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7.

Commentaries from Snow's Annotated Criminal Code

[1 Sunbathing] - Mere nude sunbathing is not of sufficent moral turpitude to support a charge for doing an indecent act. (Beaupre(1971)) British Columbia Supreme Court

[2 "Streaking"] - "Streaking" does not have connotations of indecency, obcenity or immorality so as to bring it within this section. (Springer(1975)) Saskatchewan District Court ,(Niman(1974)) Ontario Provincial Court

[3 Public place] - An indecent act committed in a motor vehicle on a public street and observed by a citizen on the street is done in a public place. (Figluzzi(1981)) Alberta Court of Appeal

The doorway of an accused's house, exposed to public view, was a public place when accused exposed himself therefrom. (Buhay(1986)) Manitoba Court of Appeal

[4 Willfully] - It is not necessary to name the person or persons who it is alleged accused intended to insult or offend (Kosodoy(1957)) Ontario Court of Appeal

"Willfully" means "deliberate" or "intentional" as opposed to "accidental" or "inadvertant" and it is not further necessary to show that the accused knew and intended to perform the indecent act in the sight of others. (Miceli(1977)) Ontario Provincial Court.
.

174. (1) Every one who, without lawful excuse,

(a) is nude in a public place, or

(b) is nude and exposed to public view while on private property, whether or not the property is his own,

is guilty of an offence punishable on summary conviction.

Nude

(2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

Consent of Attorney General

(3) No proceedings shall be commenced under this section without the consent of the Attorney General.

R.S., c. C-34, s. 170.

Commentaries from Snow's Annotated Criminal Code

[Public Decency] - in a case involving a nude male 'gogo boy' or dancer, it was held that a completely nude accused can be convicted if found in a public place and it is not an essential element that the nudity offend against public decency or order. Subsection (2) enlarges subsection(1) by including those who are dressed in a certain manner. (Verrette (1978))

A trial judge can make a finding without hearing opinion evidence on the point, that a dancer, partialy clothed, performs in a fashion which offends against public decency or order. (Sidney (1980)), Ontario Court of Appeal

Accused dancer during her act was always partially clad and as an average adult in the community would tolerate a performance in which she exhibited her body in various stages of undress, she was not guilty of an offense under subs.(1). (Gray(1982)) Ontario High Court

[2 Swimming] - This section was not aimed at nude swimming. (Benolkin(1977)) Saskatchewan Court of Queen's Bench

[3 Consent of Attorney General] - The consent of the Attorney General to allow proceedings is not subject to review by the courts. (Warren(1981)) Ontario High Court.
.