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No one who was offended was forced to continue looking at her" and that furthermore "the community standard of tolerance when all of the relevant circumstances are taken into account" was not exceeded.It is important to note that although Jacob claimed she had a constitutional right, the court did not address this. Gowan, a known sex worker, under the impression that exposing the breasts was now legal, solicited clients at an intersection, motioned to her breasts and called out "Do you want to fuck? She was consequently charged with and convicted of engaging in an indecent act, under the same section as in Jacob, 173 (1) (a).The court held that "there was nothing degrading or dehumanizing in what the appellant did.The scope of her activity was limited and was entirely non-commercial.Topfreedom in Canada has largely 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 1930s and the public protests against 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.
Police stated that they acted following a complaint from a woman who was upset that one of her children had seen Jacob topless. applied the test of community standard of tolerance, following Butler, stating that the action of being topless caused no harm and thus did not exceed community standards of tolerance.
The Ontario Government decided not to appeal the case to the Supreme Court of Canada, and thus it has remained the prevailing interpretation of the Criminal Code in Ontario. Jacob has been cited in similar decisions in other provinces and by the Supreme Court of Canada in R. The decision by the Ontario Government not to appeal to the Supreme Court was based on the likelihood that the court would not grant leave.
Since then, the court ruling has been tested and upheld several times. This caused considerable public concern as well as attempts by municipalities to preempt the law by passing more restrictive bylaws. The Ontario Government did contact the Federal Government regarding amending the law to make such actions clearly illegal. While the community standards test is not an immutable part of indecency jurisdiction, community tolerance is likely to be partly determined by the degree to which the public is exposed to top freedom on a regular basis.
However, it did not establish any constitutional right of equality.
This case subsequently led to the acquittal of women in British Columbia and Saskatchewan who faced similar charges.
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Some parents complained and she was charged,  In R. Jacob, supra, a woman who walked bare-breasted on a city street and then reclined top-free on the front step to her home was acquitted on appeal of committing an indecent act.