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The Ontario Government decided not to appeal the case to the Supreme Court of Canada, and thus it has remained the prevailing interpretation of the Criminal Code in Ontario. Jacob has been cited in similar decisions in other provinces and by the Supreme Court of Canada in R. The decision by the Ontario Government not to appeal to the Supreme Court was based on the likelihood that the court would not grant leave.Since then, the court ruling has been tested and upheld several times. This caused considerable public concern as well as attempts by municipalities to preempt the law by passing more restrictive bylaws. The Ontario Government did contact the Federal Government regarding amending the law to make such actions clearly illegal. While the community standards test is not an immutable part of indecency jurisdiction, community tolerance is likely to be partly determined by the degree to which the public is exposed to top freedom on a regular basis.In 1991, toplessness as an indecent act was challenged in Guelph, Ontario, by Gwen Jacob, who removed her shirt and was charged with indecency.Part of her defense was the double standards between men and women.However, it did not establish any constitutional right of equality.
Linda Meyer, a top-free activist inspired by the Gwen Jacob case, appeared in a number of public venues topless.The court held that "there was nothing degrading or dehumanizing in what the appellant did.The scope of her activity was limited and was entirely non-commercial.Although each Province and Territory technically reserves its right to interpret the law as it pleases, the Ontario case has proved influential.Since the matter has not been determined by the Supreme Court of Canada, it is still possible that a woman could be convicted elsewhere in Canada, but interpretation of moral law in Canada has become increasingly liberalised.