REGULAR COUNCIL MEETING
CHATHAM, ONTARIO
JUNE 9, 1997 7:00 P.M.
PRESENTATIONS BY OR TO COUNCIL
2. The Mayor received the petition from Anne Zimmer and Sandra Van Raay concerning
the topless issue. He said that this petition will be sent on behalf of Council
to the Chief Justice of Ontario and to the Minister of Justice of Canada. Mrs. Van
Raay thanked everyone for attending the meeting to show their support and thanked
the Mayor and Council for accepting the petition. The Mayor signed the Petition
and passed it on to Council for their signatures.
COMMITTEE REPORTS
1. Motions and Minutes of the Parks and Recreation Advisory Committee Meeting of
May 22, 1997.
CITY OF CHATHAM
TO: Hugh J. Thomas, P.Eng., City Manager
FROM: Hugh Logan, R.D.M.R., Director
DATE: June 3, 1997
RE: SUMMARY OF RESOLUTIONS FROM THE PARKS AND RECREATION ADVISORY COMMITTEE MEETING
OF MAY 22, 1997.
The Parks and Recreation Advisory Committee (P.R.A.C.) met on May 22, 1997 and dealt
with the following topics:
1. Pool Clothing Policy
Following the lead of several municipalities including Ottawa, London and Windsor,
Administration recommended to the P.R.A.C. that a "Non-Restrictive" approach
be taken to deal with this situation in Chatham municipal pools. This "Non-Restrictive"
approach is based on the fact that municipal by-laws cannot supersede federal statutes
and therefore any municipal by-laws contrary to the Court of Appeal decision and
the Charter of Rights and Freedoms would not stand up in court. The Committee was
also concerned about the amount of publicity that would be generated concerning
this issue if the City were to put into place by- laws contrary to the Court decision
and the Charter. It was the consensus of the Committee that the less attention paid
to this issue, the less likely that a problem would occur. In a recent meeting of
Toronto area recreation department commissioners, the commissioners unanimously
agreed that they would be forwarding policies to their respective municipal councils
that would permit women to remove their tops in municipal swimming pools, and that
upon the advice of legal advisors, they cannot restrict women from going 'topless'
in public pool and parks.
The P.R.A.C. recommends to Council that:
1. There will be no formal signage informing people of appropriate or inappropriate
attire.
2. In the event that a female Patron chooses to go topless and another Patron complains,
the woman will be asked to put on a top.
3. If the Patron refuses to put on a top, then staff will inform the person who
has complained that there is no further action that the City can take and if they
wish they can put their complaint in writing to their local MP or MPP.
R:CULTREC/RTC464
(Enc.)
HL/cmh
Ald. Watson referred to the pool clothing issue and asked the Solicitor/Clerk what
action, if any, could be taken by Council. The Solicitor/Clerk gave a brief overview
of the history of this issue and the Ontario Court of Appeal decision. He said that
it is his view and the view of many other municipalities that the public exposure
of female breasts is a morality issue and must be dealt with at the Federal level
of jurisdiction. City Council does not have the legislative authority to pass a
by-law to control female toplessness at public facilities or on the streets, etc.
The Solicitor/Clerk said that any attempt to control dress codes within the community
will likely bring on discrimination issues that, if challenged under the Charter,
would most likely fail. He said that Council does have the option of referring complaints
to upper levels of government and petitions can be referred to M.P.'s or M.P.P.'s
for upper level government action, such as amendments to the Criminal Code or an
appeal to the Supreme Court of Canada.
Ald. Watson commented that the jurisdiction for municipalities to pass by-laws is
very restricted and noted that he would like to be able to deal with this issue
through a by-law. He said that this issue will have to be dealt with at the Federal
level and supports the action of Council to pass the petitions received to the M.P.
and the Minister of Justice.
Ald. Arbour suggested that restricted pool hours for children and adults be considered
as a way of addressing this issue.
Ald. Crew asked if closing the pool and asking everyone to leave could be used as
a way of dealing with this issue. He said that he does not want his family exposed
to this issue and referred to the good standard of living in this community that
is presently enjoyed by everyone.
Ald. Crew moved, Ald. Watson seconded:
"1. That the petition be received and forwarded to the Chief Justice, the Federal
Minister of Justice, the M.P.'s and the M.P.P.'s; and
2. That Administration prepare a resolution outlining the concerns and objections
of Council, that this resolution be forwarded to the Association of Municipalities
of Ontario and the other municipalities in Ontario, and that the support of this
resolution be requested of the other municipalities."
Ald. McGuigan asked if a dress code is in place at the swimming pools. The Director
of Culture and Recreation advised that signs are posted indicating that appropriate
attire is required but indicated that the definition of appropriate attire has not
been defined. Ald. McGuigan commented that this issue is beyond a municipal council's
jurisdiction and she did not want to test the waters by passing a by-law. She hopes
that common sense will prevail and that there will not be any problems in this community.
Ald. Clarke commented that the Judge's ruling does breach the standards of community
tolerance in this municipality and many of the neighbouring municipalities. He asked
what the effect will be of sending a resolution to the Association of Municipalities
of Ontario. The Solicitor/Clerk responded that one of the advantages of sending
this resolution to the Association of Municipalities of Ontario is that it would
provide a voice from the representative body of municipalities to the upper levels
of government indicating this is an issue of concern to the municipalities.
Ald. Robbins commented that he supports the motion. He noted that the legislators
make the laws and the Judges merely interpret them, and that there is a need for
this legislation to be changed but it will have to be done at the Federal level.
The Mayor commented that the topless issue is not acceptable in this community and
noted that the grass roots people of the country will have to speak up to have it
changed.
The Mayor put the Motion.
Motion Carried Unanimously
Ald. Robbins moved, Ald. McGuigan seconded:
1(a) There will be no formal signage informing people of appropriate or inappropriate
attire.
(b) In the event that a female Patron chooses to go topless and another Patron complains,
the woman will be asked to put on a top.
(c) If the Patron refuses to put on a top, then staff will inform the person who
has complained that there is no further action that the City can take and if they
wish they can put their complaint in writing to their local MP or MPP.
Motion Carried Unanimously
CONSENT
1a. Correspondence from Sandra and John Van Raay dated May 26, 1997 re topless issue.
b. Correspondence from Woutrina Van Zelst dated June 3, 1997 re topless issue.
Ald. Arbour moved, Ald. Crew seconded: "That Consent Items 1a and 1b be received."
The Mayor put the Motion.
Motion Carried Unanimously