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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.
Jacob stated she did it because men were doing it and she wanted to draw attention to the double standard. In her defence she argued that breasts were merely fatty tissue. She commented, "Undoubtedly, most women would not engage in this conduct for there are many who believe that deportment of this nature is tasteless and does not enhance the cause of women.
However, what constitutes an indecent act is not defined, and is open to interpretation by the courts.
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.Despite this, women still faced discrimination in public facilities.In 1997, Fatima Pereira Henson was charged with trespassing for swimming topless in Cambridge, but the charges were dropped.Topfreedom is allowed in Ontario, set by the precedent in the case of Gwen Jacob.The acting executive director of Municipal Licensing and Standards said that while "there's no bylaw that governs toplessness", "it is legal for women to go topless on the streets of Toronto" according to a National Post article.