A woman from Saint John was recently issued a formal apology by the local police force after being instructed to cover up while sunbathing topless at Dominion Park Beach earlier this summer. Lacey Tompkins, who removed her bikini top at the beach on July 25, was approached by a lifeguard and later by a police officer who requested her to change her attire.
Although surprised by the request, Tompkins complied with the officer’s directive and later submitted a service complaint to the New Brunswick Police Commission. Following a review that included police records and body-worn camera footage, the acting chief of the Saint John Police Force, Neal Fowler, confirmed that there was no legal requirement for Tompkins to alter her clothing.
The police officers had been called to the beach by lifeguards who raised concerns, leading to the interaction with Tompkins. Despite her compliance with the officer’s request, no enforcement action was taken. The incident highlighted the need for further education on the relevant laws and case precedents for both frontline officers and supervisors.
Fowler acknowledged the concern caused by the directive given to Tompkins and emphasized the importance of proper training for police members to ensure consistent and appropriate application of the law. Tompkins expressed appreciation for the response, emphasizing the importance of awareness regarding permissible actions.
The legal aspect of the incident refers back to a 1996 decision by the Ontario Court of Appeal, which established that toplessness alone does not constitute an indecent act for women under the Criminal Code. Howard Sapers of the Canadian Civil Liberties Association clarified that municipal bylaws cannot alter the interpretation of the Criminal Code. Tompkins also highlighted the issue of gender equality and differing standards applied to men’s and women’s bodies.