Streaking, which involves running naked in public as a prank, has a long history of occurring at public events and locations across Canada. While streakers often see it as a harmless prank, streaking does violate laws against public nudity and indecent exposure. So is streaking actually a crime in Canada? Let’s take a closer look at the legal issues around public nudity and indecent exposure.
What is streaking?
Streaking involves a person removing their clothes and running naked through a public place as a prank or stunt. It is often done on a dare or just for shock value. Streakers will usually wear shoes while running naked, and sometimes also wear masks or hats to conceal their identity.
Streaking seems to have originated as a college prank in the 1960s and 1970s in North America, when streakers would disrupt sporting events, graduations, or other public gatherings by running naked across the field or stage. It gained popularity as a comedic stunt and form of exhibitionism among college students.
While less common today, streaking still occasionally occurs at major public events in Canada. Streakers have been known to run across the field during CFL and NHL games, onto stage at concerts, and even across university campuses during orientation week.
Is public nudity legal in Canada?
Public nudity itself is not necessarily illegal in Canada. There is no federal law prohibiting simply being naked in public. However, most provinces and municipalities do have laws against nudity in public places.
For example, Ontario’s Trespass to Property Act prohibits nudity on private property without the owner’s consent. Many cities also have bylaws against nudity in public parks or at beaches. Vancouver’s parks bylaw states “No person shall expose their genital organs within a park.”
So while nude sunbathing or swimming may be tolerated in certain designated areas, just walking down a city street fully naked would likely result in a citation or fine in most areas.
Indecent exposure laws in Canada
Even if public nudity itself is not always illegal, streaking can often fall under indecent exposure laws. Canada’s Criminal Code prohibits indecent acts in public places, which is defined as:
An act that is contrary to public decency or order and that is done in a public place, or in the presence of the public, with the intent to insult or offend against public decency or order.
Running naked through a public venue would likely be considered a public indecent act under this definition. The intent does not matter – streaking to shock, make a joke, or win a dare all qualify. And it takes place in front of the unsuspecting public, who did not consent to viewing nudity.
The maximum penalty for indecent exposure under the Criminal Code is 2 years imprisonment. But most streakers caught by police simply face a fine under local public nudity bylaws. Fines can range from $100 to $5000 depending on the city and number of offenses.
Notable streaking cases and incidents
There have been some high-profile streaking incidents that resulted in legal consequences for the streakers involved:
- In 2002, a 34-year old man streaked nude across the field and delayed the start of the Grey Cup CFL championship game. He pleaded guilty to mischief and was fined $100.
- In 2010, a streaker who ran onto the field during a CFL game in Regina was sentenced to 4 months in jail for indecent exposure.
- In 2013, a 24-year old man streaked across the stage during a concert in Saskatoon and was arrested. He was later sentenced to 12 months probation.
- In 2016, a streaker who disrupted a Montreal Canadiens NHL game was arrested for indecent exposure and fined $500.
These cases show that streaking does carry the risk of legal punishment, including possibly jail time in some cases. The legal consequences can be more severe if the streaking causes major disruption to a large public event.
Streaking on university campuses
Streaking has long been a favorite prank and initiation ritual among university students. However, students who participate in streaking events on Canadian campuses can face school discipline as well as legal charges.
Many universities have codes of conduct that prohibit public nudity or indecent exposure on campus. Dalhousie University specifically bans streaking in its student code of conduct. The University of British Columbia threatens disciplinary action such as suspension against any streakers.
Beyond internal discipline, university streakers also face criminal charges if caught. For example, in 2008, eight streakers at Queen’s University were arrested and charged with indecent exposure after a streaking event. They were sentenced to community service and probation.
So streaking on campus may end a student’s college days sooner than expected if caught. The school, city police, and courts all take a dim view of streaking by university students in Canada.
Notable streaking incidents at Canadian universities
| Date | University | Incident |
|---|---|---|
| September 2021 | University of British Columbia | A streaker disrupted the start of a football game and was arrested by campus police for indecent exposure. |
| September 2019 | McGill University | Three streakers interrupted the campus frosh week concert. They were arrested and banned from McGill property. |
| September 2016 | University of Alberta | A streaker ran across the stage during the campus theater production. He was charged with public nudity by Edmonton police. |
Legal defenses against streaking charges
Given the possibility of indecent exposure charges, are there any defenses a streaker can use in court? A few possible defenses include:
- Lack of intent – Was not deliberately trying to be indecent or offensive. Was caught up in a dare, prank, or impulsive situation.
- Diminished mental capacity – Was under the influence of drugs or alcohol and did not have full control to make reasonable decisions.
- Public necessity – There was a justifiable public purpose or emergency reason to be naked in public.
- Lack of public visibility – The exposure took place in an isolated area without any members of the public present to witness it.
However, these defenses rarely succeed in streaking cases. Courts generally take the view that streaking is a deliberate act that offends public decency, regardless of the streaker’s motivations or state of mind at the time.
Why do people streak?
Given the legal risks involved, why do some people still choose to streak? Reasons include:
- Trying to gain attention or notoriety
- Trying to impress or entertain friends on a dare
- Under the influence of alcohol or drugs
- As part of a college prank or fraternity/sorority initiation
- For the thrill or adrenaline rush of doing something taboo
- As a form of exhibitionism or sexual fetish
In most cases, streakers do not have a well-thought out reason for their behavior. It is more often an impulsive act or a response to peer pressure in the heat of the moment. The legal consequences are usually not top of mind when streaking.
Conclusion
Streaking does violate Canadian criminal laws and municipal bylaws against public nudity and indecent exposure. While prosecution is not guaranteed, streakers do face the real possibility of arrest, fines, and even jail time if caught. Streaking on a university campus can also lead to disciplinary action.
Most streakers only receive a fine or warning, but public nudity is taken seriously by authorities. Students should think twice before taking part in traditional campus streaking events. While it may seem like a harmless prank, a charge for indecent exposure can have lasting impacts on someone’s future.
Canadians have a reputation for being a bit more tolerant when it comes to nudity than other countries. But random public nudity is still considered criminal behavior here. Given the legal risks involved, it is difficult to recommend streaking as a wise idea or prudent choice in Canada.