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Summary.
This document is a guide to nudist/naturist clubs and
other nude and clothing-optional (CO) locations throughout British
Columbia. It is a "work in progress" and is a compilation of all the
information I have regarding CO sites. I have not visited all these
places yet.
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The information provided on this site is without waranty of any sort.
I take no responsibility for the accuracy or suitability of any of this information.
Usage changes over time. I encourage you to use discretion in locating and using
the locations listed. It is the readers responsibility to ensure that access
to the locations listed is both safe and legal. The reader assumes all responsibility
for legal issues resulting from accessing the locations listed and from use of
the locations without clothing.
Information about laws and court cases is provided for information only. Readers should contact a lawyer to determine accuracy and applicability of laws and court rulings.
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Nudity and the Law.
The only beaches in B.C. which are officially Clothing-Optional are Wreck Beach and Prior Lake. All others are unofficial. That means you take your chances if you visit them.
This is the Canadian criminal code section concerning nudity (Bill 174):
(1) Every one who, without lawful excuse, (a) is nude in a public place, or (b) is nude and exposed to public view while on private property, whether or not the property is his own, is guilty of an offence punishable on summary conviction.
(2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.
(3) No proceeding shall be commenced under this section without the consent of Attorney General.
Martin's Criminal Code 1994 Annotations state, "This offence is not aimed at conduct such as swimming nude at an isolated beach, even where the accused misjudges the loneliness of the beach: R. v. Benolkin et al. (1977)." On the other hand, it adds, "In exercising his power under subsection (3), the Attorney-General is under no duty that can be enforced by the Courts to act fairly and is not required to afford the accused a hearing before deciding whether or not to consent to the prosecution: Re Warren and The Queen (1981)."
Note that a person will be convicted only if (1) the AG consents, (2) the person is offending public decency, and (3) the person is in public view. The Attorney General of British Columbia seldom consents to this action, so at the present time it is unlikely that you will be charged under this section of the code if you are being discreet. But, ultimately, it is up to you to use your own good judgement.
Section 173 refers to "indecent acts" and is worth knowing:
(1) Every one who willfully does an indecent act (a) in a public place in the presence of one or more persons,or (b) in any place, with intent thereby to insult or offend any person, is guilty of an offense punishable on summary conviction.
(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of fourteen years is guilty of an offense punishable on summary conviction.
Notes:
- "Sunbathing - Mere nude sunbathing is not of sufficent
moral turpitude to support a charge for doing an indecent
act." (Beaupre, 1977. British Columbia Supreme
Court)
- "'Willfully' means 'deliberate' or 'intentional' as
opposed to 'accidental' or 'inadvertant' and it is not further
necessary to show that the accused knew and intended to perform the
indecent act in the sight of others." (Miceli, 1977.
Ontario Provincial Court)
For additional legal information, refer to http://www.fcn.ca/nulawbgd.html.
Note: This section is provided for information only. Consult a lawyer before acting on the above information.
Relevant Court Cases.
"2002 June 26, Ontario Provincial Court Judge Robert Bigelow ruled that nudity at a nudist event is perfectly legal under liquor-licence regulations. On April 29, 2000, a Toronto dance club called The Barn held its 55th event with mandatory nudity. The owner was charged with permitting disorderly conduct." [Peter Simm]
In 1975, Justice MacPherson ruled in favour of three men arrested for skinnydipping in the South Saskatchewan River. In his ruling, he stated:
It cannot be an offense to swim in the nude at a lonely place in Canada in summer. That is part of the pleasure of summer in Canada, particularly to young males. If somebody comes along unexpectedly or if the swimmer misjudged the loneliness of the place the act cannot suddenly become criminal...
The present accused were not disorderly. There was no indecency or immorality. That was their lawful excuse.
Wahington State Law.
In Washington State, police cannot arrest a person for being nude unless someone complains. Then they may arrest. Over the years, Washington has consistently used arrests to shut down nude beaches.
Arrests don't have to result into convictions. Unless people are willing to make a stand, arrests will intimidate people into compliance.
The following SPD blog entry from November 2008, cites the official response from the Seattle Police Department to inquiries about public nudity:
As you know, a recent protest of nude bicyclists came through Seattle, as well as, nude bicyclists at the Fremont Solstice Parade. The perpetual enforcement question surrounding public nudity during the summer is both a legal problem and a public policy issue.
Washington's indecent exposure law makes it a misdemeanor to "make any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm." In other words, there must be lewd or obscene behavior for an officer to take action. In order for the police to make an arrest, we must have witnesses currently in the public place where the nudity is occurring who must make a complaint. These witnesses must be willing to appear in court. Also in order to prosecute, the burden is on the government to prove that the offender was knowingly aware that their conduct created alarm and offense of others. There are, of course, incidents involving nudity in which the person is under the influence of drugs or alcohol or is having severe mental problems and the police can take appropriate action.
Historically, it has been difficult in Seattle to prosecute cases of public nudity. The position of the police department is to take a report upon receiving a complaint, identify the individual involved, and forward the complaint to the City Attorney.
Sincerely,
R. Gil Kerlikowske
Chief of Police
Note: This section is provided for information only. Consult a lawyer before acting on the above information.
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