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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.

He added that parks require clothing, except, for example, the clothing optional Hanlan's Point Beach.A bylaw in the municipality of Maple Ridge stated "females over the age of 8 years shall fully cover all portions of their nipples and aureole with opaque apparel".On July 1, 1997, Linda Meyer went to the swimming pool in the bottom half of her bikini.On July 19, 1991, a very hot and humid day, Gwen Jacob, a University of Guelph student, was arrested, after walking down a street in Guelph, Ontario, while topless after removing her shirt when the temperature was 33 °C (91 °F) and was charged with indecency under Section 173(1)(a) of the Criminal Code.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.

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