In Canada, topfreedom has primarily been an attempt to combat the interpretation of indecency laws that considered a woman's breasts to be indecent, and therefore their exhibition in public an offence. In British Columbia , it is a historical issue dating back to the s and the public protests against the materialistic lifestyle held by the radical religious sect of the Freedomites , whose pacifist beliefs led to their exodus from Russia to Canada at the end of the 19th century.
The Svobodniki became famous for their public nudity : primarily for their nude marches in public and the acts of arson committed also in the nude. In Canada, the law on public decency is found in sections and of the Criminal Code. In , toplessness as an indecent act was challenged in Guelph, Ontario, by Gwen Jacob , who removed her shirt and was charged with indecency. Part of her defence was the double standards between men and women. Although she was convicted, this was overturned by the Court of Appeal.
This case determined that being topless is not indecent within the meaning of the Criminal Code. However, it did not establish any constitutional right of equality. This case subsequently led to the acquittal of British Columbia and Saskatchewan women who faced similar charges.
Although each province and territory reserves its right to interpret the law as it pleases, the Ontario case has proved influential. Since the matter has not been determined by the Supreme Court of Canada , it is still possible that a woman could be convicted elsewhere in Canada.
Still, the interpretation of moral law in Canada has become increasingly liberalized. Topfreedom is allowed in Ontario, set by the precedent in the case of Gwen Jacob. The acting executive director of Municipal Licensing and Standards said that while "there's no bylaw that governs toplessness," "it is legal for women to go topless on the streets of Toronto," according to a National Post article.
