A woman from Saint John received a formal apology from the local police force after being advised to cover up while sunbathing topless at Dominion Park Beach. Lacey Tompkins was approached by a lifeguard and subsequently by a police officer on July 25 when she removed her bikini top. Despite Tompkins expressing her understanding that women can legally be topless in public in Canada, she complied with the officer’s request after being told to alter her attire.
Following the incident, Tompkins lodged a service complaint with the New Brunswick Police Commission on July 27. In response, the Saint John Police Force conducted a review that included examining police records, the service call, and body-worn camera footage from the officers at the scene. The review concluded that there was no legal basis for requiring Tompkins to change her attire and that the direction provided to her was not supported by the law.
The police force acknowledged the need for additional education on relevant laws and case law, providing guidance to the responding officer and further education to frontline members and supervisors regarding Criminal Code provisions on indecent acts. Acting Chief Neal Fowler issued an apology to Tompkins on behalf of the police force for the interaction and the distress it caused.
The legal aspect of the incident harkens back to a 1996 ruling by the Ontario Court of Appeal, which established that toplessness alone does not constitute an indecent act under the Criminal Code. Howard Sapers of the Canadian Civil Liberties Association emphasized that municipal bylaws cannot alter the interpretation of the Criminal Code.
Tompkins highlighted the issue of gender equality and the differing standards applied to men’s and women’s bodies, expressing her hope that other women will be able to exercise their rights without facing similar experiences. She has since returned to Dominion Park Beach and continues to sunbathe topless without interference.