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The Globe and Mail

Court to rule on whether law that makes public nudity criminal is unconstitutional

An Ontario court judge will hear arguments Tuesday about whether laws that make it a criminal offence to be nude in public are unconstitutional and should be struck down.

Lawyers for Brian Coldin will argue it should not automatically be a criminal offence to be without clothes in public and that discretion of prosecuting people for being nude should be left up to police.

Mr. Coldin has been on trial for an incident in which he was nude at a Tim Hortons and an A&W near Bracebridge in southern Ontario.

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During this incident Mr. Coldin pretended to reach into his non-existent back pocket for his wallet.

Employees at the restaurants testified seeing Mr. Coldin's genitals made them feel "uncomfortable."

The judge in the case will rule on whether Mr. Coldin is guilty and on the constitutionality of Canada's nudity laws at the same time.

Mr. Coldin's lawyer Nader Hasan says they will argue on Mr. Coldin's behalf that criminal laws are not supposed to protect the prudish.

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