August 1, 1997

TOPLESS OK `AN ERROR'

By MARK GOLLOM
Toronto Sun The Ontario Court of Appeal made a legal boo-boo when it decided to allow women to go topless, a Toronto lawyer claims.
David M. Brown said the court only "paid lip service" to the community standard of tolerance test and didn't consider issues including the harm kids might suffer from seeing topless women.
"They didn't conduct a lot of the analysis that they are required to conduct under the test and because of that there's an error of law," said Brown, who wrote his legal opinion in a memo to Tory MPP James Brown. It was released at a press conference yesterday held by Keep Tops On!, a group opposed to women topless in public.
Brown said the province could appeal to the Supreme Court of Canada because it raises an issue of national importance.
"You can say this will have implications from coast to coast, because the court interpreted a law (indecent acts) which applies across Canada," he said, adding there's a "good prospect" that the high court would overturn the ruling.