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Public nudity laws unconstitutional? Ontario court to rule on challenge

BRACEBRIDGE, Ont. -- An Ontario court is set to rule today on whether Canada's public nudity laws are constitutionally valid. A man who court heard went through fast food drive-thrus while naked and pretended to get a wallet out of his non-existe...

BRACEBRIDGE, Ont. -- An Ontario court is set to rule today on whether Canada's public nudity laws are constitutionally valid.

A man who court heard went through fast food drive-thrus while naked and pretended to get a wallet out of his non-existent back pocket is challenging the laws.

Brian Coldin is facing charges for incidents near a clothing-optional resort he operates in Bracebridge, Ont., and incidents at an A&W and a Tim Hortons.

Coldin's lawyer, Clayton Ruby, says the laws infringe upon charter rights and suggest that somebody in a state of undress in a changing house at a public beach could be criminally charged.

Ruby says the law limits the expression of a naturist and should be struck down so Parliament can tailor legislation, if it so chooses, because it is overly broad.

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The court in Bracebridge is set to rule Thursday on both Coldin's charges and the constitutional challenge.

In Canada, it is illegal to be nude in a public place, or while on private property but exposed to public view.

Under the Criminal Code, a "person is nude who is so clad as to offend against public decency." The attorney general's consent is needed to proceed with prosecution.

At Coldin's trial, drive-thru workers from an A&W and a Tim Hortons testified that he was nude as he pulled up to the drive-thru window. One worker told court she saw Coldin pretend to reach for a wallet as if he was wearing pants.

Copyright 2012 The Associated Press.?

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