Saint John police apologize after woman told to cover up at beach

Saint John police apologize after woman told to cover up at beach

Letter from acting chief says there was no legal basis for telling Lacey Tompkins to cover up at beach

A Saint John woman who was told by police to cover up while topless at a city beach this summer has received a formal apology from the Saint John Police Force.

Lacey Tompkins was at Dominion Park Beach on July 25 when she took off her bikini top while sunbathing. She said a lifeguard approached her and told her to cover up.

When she declined, a police officer also told her she needed to alter her attire.

Tompkins said she was surprised by the request because she understood that women can be topless in public in Canada.

“I was a little shocked and a little bit confused,” she said.

Tompkins eventually complied with the officer’s request but later filed a service complaint with the New Brunswick Police Commission on July 27.

In an Aug. 11 letter to Tompkins, Neal Fowler, the acting chief of the Saint John Police Force, said the incident was reviewed.

The review included police records, a call to police for service, and body-worn camera footage from responding officers.

“Based on the available evidence, it was determined there was no legal basis requiring you to alter your attire,” Fowler wrote. “In these circumstances, the direction provided to you was not supported by the applicable law.”

Police said officers had been called to the beach following concerns raised by lifeguards. An officer then approached Tompkins and advised her that she was required to alter her attire.

According to the review, Tompkins questioned the basis for the direction and remained respectful throughout the interaction. No enforcement action was taken, although she complied with the officer’s request.

The police force said the incident identified a need for additional education about the applicable law and relevant case law.

The responding officer received immediate guidance from a supervisor. Frontline members and supervisors also received further education about Criminal Code provisions relating to indecent acts.

Fowler acknowledged that being directed by police to do something Tompkins believed she was not legally required to do would be concerning.

“As a police organization, we have a responsibility to ensure our members are properly informed, trained, and equipped to apply the law appropriately and consistently when responding to calls for service,” Fowler wrote.

“Please accept my apology on behalf of the Saint John Police Force for the interaction and the concern it caused.”

Tompkins said she welcomed the response.

“I think it’s a really good thing,” she said. “It just shines a light on people being aware of what they are permitted and not permitted to do.”

The legal question goes back to a 1996 decision by the Ontario Court of Appeal. The court considered whether then-student Gwen Jacob's removal of her shirt while walking on a Guelph street in sweltering weather had constituted an indecent act under the Criminal Code.

The court found that toplessness, on its own, does not make a woman’s conduct an indecent act. The circumstances of the conduct are relevant, including whether it is sexual in nature.

Howard Sapers, executive director of the Canadian Civil Liberties Association, told CBC News earlier this summer that municipalities cannot change how the Criminal Code is interpreted.

“The simple answer is no. A municipal bylaw can’t alter the way the Criminal Code is interpreted,” Sapers said.

For Tompkins, the issue is also about equality and the different standards applied to men’s and women’s bodies.

“We tend to lean towards sexualizing women’s bodies,” she said. “We are not applying the same standard to everyone.”

Tompkins has since returned to Dominion Park Beach and continues to go topless.

“Nothing happened,” she said. “I was there and I sunbathed and then I was left alone.”

She said she hopes other women will be able to exercise the same right without having to go through a similar experience.

Polina Kozlova is a journalist based in Fredericton. You can contact her with story ideas at polina.kozlova@cbc.ca .

With files from Information Morning