Consent to Public Nudity Proceedings Denied

PUBLIC PROSECUTION SERVICE--Consent to Public Nudity Proceedings Denied

The director of Public Prosecutions, Martin Herschorn, announced today that he will not consent to prosecuting five individuals who were arrested for public nudity this summer in Halifax Regional Municipality.

Following an investigation, the Tantallon detachment of the RCMP arrested four men and one woman on July 13. Police had received complaints of public nudity at Crystal Crescent Provincial Park's third beach.

Under the Criminal Code of Canada, the consent of the Attorney General of the province is required before public nudity proceedings can commence. In Nova Scotia, this consent is the responsibility of the director of Public Prosecutions.

"Following a careful study of the facts and the policies of other jurisdictions dealing with this issue, I've declined to grant consent to prosecute," Mr. Herschorn said. "Citizens should not face a criminal conviction for conduct of this type without aggravating factors, such as aggressive exhibitionism, or lewd or indecent acts. According to the police investigation, none of these aggravating factors were present."

The five people who were given court appearance notices in July are being advised of this decision by the Public Prosecution Service.