You seem to think that it has to be technically legal in order for one to reasonably expect to be nude. Then please explain how one truly does reasonably expect to be nude at Wreck Beach, thousands have for decades, while police officers roam all over the beach enforcing the law of no public alcohol, confiscating it, from nude persons in public, every day. You are wrong to think that it has to be legal as a prerequisite for the reasonable expectation of being nude. Historical evidence makes that obvious.i beg to differ. the following is section 174 of the code dealing with nudity. it seems pretty clear to me that nude sunbathing at wreck beach is technically a criminal offence. just because the law is not enforced does not automatically mean that anybody can consider it a place where they can reasonably expect to be nude. therefore behaving like an asshole around people who are technically breaking the law does not necessarily constitute an offence
But then you make the point of quoting CC section 174, presumably to show that nudity is illegal - technically. So you are stacking a technical legality against public and law enforcement tolerance to argue "reasonable expectation for being nude". How does that kind of argument even make any sense?
Yet still while quoting section 174, it seems you didn't bother applying 174.2 - "so clad as to offend against public decency or order". "Public" in that statement would mean Wreck Beach itself, and not the surrounding campus or the city of Vancouver, or the Province or Canada - and that is because Wreck Beach cannot be seen by anyone except those at Wreck Beach. Which means that since nobody would presumably be offended by nude persons at Wreck Beach, section 174 does not apply. Therefore, one can reasonably be expected to be nude because no law against it exists at such a place.