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 Posted - 11/22/2010 : 12:49:50 AM
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From the Toronto Sun - published November 20, 2010.
Charges against naked walker dropped
By SARA ROSS, QMI Agency
ORILLIA, Ont. - The law has tried to stop an Ontario man from walking outside naked - but failed.
"It's like total freedom. You can just feel the breeze, the sun, unless you try it you have no idea what it feels like," says the 60-year-old naturalist who frequents a recreational trail on the shores of Lake Simcoe, north of Toronto.
"Other naturists are still fearful of being in the general public on out-of-the-way trails because of the fact they think they're going to get convicted."
On Monday, the man, who requested anonymity, went to trial for a charged of an indecent act.
Two off-duty police officers witnessed him walking naked in September 2009. The charge was dismissed because the man was not doing anything harmful - such as public masturbation, luring or flashing.
"[Some members of the community] might not think it's appropriate, or they might think it's not moral, but it's not indecent in the sense that it causes anybody any harm," said the man's Toronto-lawyer Gleb Bazov.
The man was initially also charged with nudity in a public place but that charge was withdrawn earlier this year.
Bazov said the court's decision sets an important precedent.
"It is a landmark case in the sense that the law has been applied to nudists and naturists. Now there is a clear pronouncement that a naturist is not engaging in an indecent act."
But Charlene Ewanchuk, who's home backs onto the Uhthoff Trail in Severn Township, disagrees with the decision.
She told QMI Agency she has called police on the "naked man" several times.
"I find it offensive. If I catch him going by my house I'll call the cops.
"If it's so acceptable why isn't he doing it in downtown Orillia?"
Ewanchuk said she has encountered the man while walking on the trail with her children, aged 10 and 14.
"Turn your head the opposite way and just go by," Ewanchuk said she told her children. "Don't look, don't talk to him, just go by."
The township has also previously written a letter to the man "prohibiting" him from using the recreational trail while "improperly clothed."
"If the courts can't charge him, I guess he's within his (rights.) Personally, I don't think it's appropriate," said Severn Township Mayor Phil Sled.
Stephane Deschenes, director of the Federation of Canadian Naturists, says naturists are just embracing their “natural self” and shouldn't "have to fear being out in the public.
"We, as a society, have a real phobia about our own body. We are so incredibly uncomfortable that we find our own image embarrassing, shameful and offensive."
Deschenes, who also operates the Bare Oaks Family Naturist Park, says most naturists prefer to practice their lifestyle only in nudists resorts.
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go n nude
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Posted - 11/28/2010 : 09:47:12 AM
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Hooray, Mr. Anonymity has been spared by the courts, he was not seen committing indecent acts for his sake and this really does set a an important precedent in case law, although the rights of public and township are offended and they don't want to tolerate his lack of respect, for their rights, he might want to use a little common sense, and choose an area where doesn't infringe on other people's rights and face arrest and loose his Anonymity and more legal fee's and thats his right also.
go n nude
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sailawaybob
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Posted - 11/29/2010 : 01:23:26 AM
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if you read most laws it states a impropriate act, mear nudity isn't impropriate is it. finally a judge that isn't a idiot. i think if nudity was more commonplace people wouldn't be so opposed to it, but here in the usa it will never happen, well maybe vermont or oregon and maybe someday florida.
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go n nude
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Posted - 12/04/2010 : 08:47:43 AM
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Jurisprudence at it's finest LOL, it is amazing what money can buy, 60 year old requested anonymity which is granted to juvenile delinquent's and the criminal code states Anyone found nude without lawful excuse on Public/private property is guilty of the offence, unless one very wealthy person with a very costly lawyer and charges not appropriate, indecent act,when the original charge was nude without lawful excuse it was withdrawn and they say money can't buy everything..for some it has and it wasn't luck at all, others will be fined or arrested guaranteed, don't be fooled it's costly and some one is richer for it.
go n nude
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Toronto: Charges against naked walker dropped
