Criminal status for public nudity could be struck down by Ontario court this week

Not many Canadians wanted to think about wearing fewer clothing items outside when a constitutional challenge over public nudity was postponed in January due to a winter storm.

Now, in the hazy days of summer, the public could be more sympathetic to the plight of Brian Coldin of Bracebridge, Ont.

Lawyers plan to argue in provincial court on Tuesday the clothing-optional resort owner did nothing criminal by allegedly placing an order at a Tim Hortons drive-thru without a pocket in which to keep his wallet. Another charge was laid after he was spotted hiking in the woods wearing nothing but a pair of sandals.

But, according the applicable section of the Criminal Code, you are equally liable for being naked in your own home.

An employee of an area A&W, who testified at the assault trial over incidents in May 2009, nonetheless wept as she recalled what she noticed about Coldin's lap as he placed an order from his front seat.

Forensic psychologist Dr. Ronald Langevin, who was also called to the stand, argued no one could truly suffer psychological harm as a result of such exposure.

The constitutional challenge has coincided with National Nude Recreation Week, an annual event designed to increase the awareness of clothing-optional resorts in the U.S., where an estimated $440 million is spent each year on 'nakations'.

Still, the resort industry has admitted younger people aren't attracted to the idea of doffing their duds in public. Private nudist clubs, reported The Wall Street Journal in May, have struggled to attract new members to join senior citizens on the volleyball court.

A lack of desire to see somebody strut around without clothes in an unexpected setting, then, could have more to do with generational tastes than the fear of seeing another person's private parts in public.