Mr. LAPOINTE:

We have to help them though.

Mr. GUTHRIE:

The language of the clause is:

Anyone shall be deemed to be nude who is so scantly clad as to offend against public decency or order.

That is taken in connection with the foregoing that they must be parading.

Mr. STEWART (Edmonton):

It does not apply to parading at all.

Mr. GUTHRIE:

Just a minute. Let me read:

Everyone is guilty of an offence and liable upon summary conviction to three years'

imprisonment who, while nude,

(a) is found in any public place in company with one or more-

There must be at least two. A single individual would not be prosecuted.

Mr. LAPOINTE:

Yes, under paragraph (a) but not under paragraph (c).

Mr. GUTHRIE:

The clause reads:

Everyone is guilty of an offence and liable upon summary conviction to three years'

imprisonment who, while nude,

(a) is found in any public place in company with one or more persons who are parading or have assembled with intent to parade or have paraded in such public place while nude, or

(b) is found in any public place in company with one or more other persons, or

(c) is found without lawful excuse upon any private property not his own, whether alone or in company with other persons, or

(d) appears upon his own property so as to be exposed to the public view, whether alone on in company with other persons.

The last two paragraphs referring to a person appearing alone upon his own property or upon that of his neighbour would be sufficient.

Mr. JACOBS:

Does that apply to public theatricals and theatres? I do not see anything which protects them.

Mr. GUTHRIE:

It applies only to places mentioned in the bill.

Mr. JACOBS:

A theatre is sometimes a public place.

Mr. MULLINS:

I am quite in sympathy with what the hon. member for West Kootenay has said. I saw the parade of the Doukhobors from Yorkton some years after they had arrived in this country. They came through the constituency of Marquette and one cannot compare the wearing of bathing suits with their nudity. I have seen bathing suits from Hollywood and I have also seen these Doukhobors parading through the constituency of Marquette, and the sight of the Doukhobors was most appalling. I am quite in sympathy with driving out of my part of Canada those individuals who will parade nude through the streets. We rounded these men up in Minnedosa and shipped them back to Yorkton. I am sorry my hon. friend has them in Kootenay.

Mr. JACOBS:

Might I press my question on the Minister of Justice as to whether there is any protection for theatres?

Mr. GUTHRIE:

There is no need of protection for theatres.

Mr. OHAPLIN:

Do people need to go nude in theatres in Montreal?

Mr. JACOBS:

But some of those who

appear on the stage are, to put it mildly, scantily attired.

Mr. GUTHRIE:

If they offend against

public decency, they come under this measure.

Mr. JACOBS:

That is a question of opinion. To some they offend against public decency where as to others they do not.

Mr. GUTHRIE:

That is in the discretion of our judges and juries.

Mr. FACTOR:

Is it the intention of the

minister to make the penalty three years for a first offence, or not exceeding three years? The way it reads, a first offender would have to receive a penalty of three years,

Mr. GUTHRIE:

Three years is the maximum penalty, but any less penalty may be imposed.

Mr. NEILL:

The Minister of Justice said just now, quite properly, that we could always trust to the good sense of judges and juries, but these people are not going to be tried by judges and juries, but upon summary conviction by one or more justices of the peace, and three years' imprisonment is a very heavy penalty to be left to the discretion of two justices of the peace. I do not know any

Criminal Code

other section of the criminal code where the penalty is three years' imprisonment on summary conviction.