Nudity

The offence of nudity is outlined in section 174(1) of the Criminal Code.

A person commits the offence of nudity when they are nude in a public place or on private property while visible to the public. A person’s state of undress will offend public decency and order where it deters people from exercising their rights to go somewhere or do something, or where it causes people to become visibly angry or upset.

Examples

Person A is completely naked while running through the streets downtown.

Person C is standing on their private dock naked from the waist down, and everyone seated in the restaurant across the river from this dock can clearly see person C’s exposed genitals.

Cases

R. v. Langlais, 2008 NBCA 20

In Langlais, the accused was convicted on one count of nudity for wearing nothing but sunglasses and a baseball cap to protect his eyes and head while on a public beach.

Offence Specific Defence(s)

Not Nude

Where the person is not dressed in a manner that offends public decency and order, they will not have completed the offence of nudity. For example, if person A is wearing a yellow bikini on the beach, they may not be found to have completed the offence of nudity.

Not Exposed to Public View

Where the person is on private property and not exposed to public view, they will not have completed the offence of nudity.

No Offence to Public Decency or Order

Where the person’s state of undress does not interfere with the freedom or proper functioning of others or disturb the public’s peace, the person will not have completed the offence of nudity.

No Consent of Attorney General

For a charge of nudity to proceed, the attorney general must give their consent. If the attorney general has not consented to the charge proceeding, a person cannot be convicted of the offence of nudity.

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