Saint John police apologize after woman told to cover up at beach
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woman → apologize → beach
Letter from acting chief says there was no legal basis for telling Lacey Tompkins to cover up at beach
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Letter → act → 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.
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who → tell → Force
Lacey Tompkins was at Dominion Park Beach on July 25 when she took off her bikini top while sunbathing.
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she → take → top
She said a lifeguard approached her and told her to cover up.
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lifeguard → say → her
When she declined, a police officer also told her she needed to alter her attire.
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she → decline → attire
Tompkins said she was surprised by the request because she understood that women can be topless in public in Canada.
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women → say → Canada
“I was a little shocked and a little bit confused,” she said.
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she → shock → ?
Tompkins eventually complied with the officer’s request but later filed a service complaint with the New Brunswick Police Commission on July 27.
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Tompkins → comply → July
In an Aug. 11 letter to Tompkins, Neal Fowler, the acting chief of the Saint John Police Force, said the incident was reviewed.
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incident → act → Force
The review included police records, a call to police for service, and body-worn camera footage from responding officers.
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review → include → officers
“Based on the available evidence, it was determined there was no legal basis requiring you to alter your attire,” Fowler wrote.
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Fowler → base → attire
“In these circumstances, the direction provided to you was not supported by the applicable law.”
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direction → provide → law
Police said officers had been called to the beach following concerns raised by lifeguards.
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officers → say → lifeguards
An officer then approached Tompkins and advised her that she was required to alter her attire.
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she → approach → attire
According to the review, Tompkins questioned the basis for the direction and remained respectful throughout the interaction.
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Tompkins → accord → interaction
No enforcement action was taken, although she complied with the officer’s request.
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she → take → request
The police force said the incident identified a need for additional education about the applicable law and relevant case law.
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incident → say → law
The responding officer received immediate guidance from a supervisor.
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officer → respond → supervisor
Frontline members and supervisors also received further education about Criminal Code provisions relating to indecent acts.
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members → receive → acts
Fowler acknowledged that being directed by police to do something Tompkins believed she was not legally required to do would be concerning.
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she → acknowledge → something
“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.
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Fowler → have → service
“Please accept my apology on behalf of the Saint John Police Force for the interaction and the concern it caused.”
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it → accept → interaction
Tompkins said she welcomed the response.
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she → say → response
“I think it’s a really good thing,” she said.
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she → think → ?
“It just shines a light on people being aware of what they are permitted and not permitted to do.
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they → shin → what
What does the law say?
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law → say → What
The legal question goes back to a 1996 decision by the Ontario Court of Appeal.
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question → go → 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.
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removal → consider → Code
The court found that toplessness, on its own, does not make a woman’s conduct an indecent act.
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conduct → find → own
The circumstances of the conduct are relevant, including whether it is sexual in nature.
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it → include → 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.
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Code → tell → News
A municipal bylaw can’t alter the way the Criminal Code is interpreted,” Sapers said.
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Sapers → alter → way
For Tompkins, the issue is also about equality and the different standards applied to men’s and women’s bodies.
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issue → apply → bodies
“We tend to lean towards sexualizing women’s bodies,” she said.
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she → tend → bodies
“We are not applying the same standard to everyone.”
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We → apply → everyone
Tompkins has since returned to Dominion Park Beach and continues to go topless.
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Tompkins → return → Beach
“Nothing happened,” she said.
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she → happen → ?
“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.
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women → sunbathe → experience
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