With the sweltering heat in the summer, it can be tempting to shed a few layers and go topless. In public spaces in Quebec as in the rest of Canada, you have this right, no matter your sex or gender. But there are limits to respect. And if your rights aren’t respected, you can file a complaint.
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What is a public space? A public space is a place where anyone can go. For example: streets, sidewalks, and parks. |
A right confirmed by courts
Simply being topless in public is legal. The Criminal Code doesn’t prohibit it.
Canadian courts have also confirmed this right in different decisions, notably in 1996 and 2000. You’re allowed to be topless in public, for example, when you are:
- walking on the sidewalk,
- riding a bike,
- participating in a protest,
- swimming at a beach, a pool or a water park,
- sunbathing in the park, in your backyard or on your balcony.
You’re also allowed to breastfeed your child in any public space: at the park, in a store, at the movie theatre, in a hotel, at work, at the courthouse…
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No one is allowed to stop you from taking your top off because of your sex or gender. For instance, municipalities and pools can’t adopt bylaws, dress codes, or policies that require only women to wear a top. If you believe you’ve experienced or witnessed discrimination, you can file a complaint with Quebec’s human rights and youth rights commission, called the Commission des droits de la personne et des droits de la jeunesse (CDPDJ). |
Limits to keep in mind
The Criminal Code states that indecent acts are not allowed, whether you’re topless or not. For example, touching your body in a sexual way while topless could be considered indecent. What counts as “indecent” depends on the context, like the location, whether there are sexual gestures, the age of people nearby or your relationship with them.
Also, even if being topless is allowed, you generally have to wear bottoms in public. People aren’t allowed to be fully naked in public without a valid reason.
You also have to wear bottoms if you’re topless in a private space but visible to others, like on your balcony, in your yard or in your driveway.
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Being topless in public is not, in itself, indecent. Police can’t arrest or fine you simply for not wearing a top in public. If you believe you’ve experienced or witnessed improper police conduct, you can file a police ethics complaint. |