07/12/2011 12:41 EDT | Updated 09/11/2011 05:12 EDT

The Naughty Nudist

While some feel there is a serious issue of freedom of expression at play in Brian Coldin's nudity case, there is a time and place to express yourself. I'm no prude, but the sight of some dude with his 'pendulum' a-sway for all to behold, is something I can live without!

He says...

Under section 174 of the Criminal Code of Canada, going bare butt in public or exposing one's self to public view while traipsing about naked on private property, is a criminal offence. I'm paraphrasing of course, but you get the idea... if we can see your 'stuff' you're committing a crime.

While most would agree this is a good law, there are those who oppose it and claim it's unconstitutional!

One such person is Brian Coldin of Bracebridge, Ontario.

A self-described nudist, Mr. Coldin is fighting charges after his eye-popping appearance at two drive-thrus... the window workers at a Tim Horton's and A&W, treated to the sight of Coldin in his birthday suit!

Nader Hasan, one of Coldin's lawyers, told the court:

"The purpose of the criminal law is to protect us from harm, not to protect the sensibilities of the most prudish among us. These laws violate freedom of expression and they are overboard such as to punish all kinds of conduct that is completely harmless and shouldn't be criminal."

I don't know about you, and I'm no prude, but the sight of some dude out for his evening constitutional, 'pendulum' a-sway for all to behold, is something I can live without!

Now, there are those who will tell you that the human body, no matter what shape it's in, is a beautiful thing... Horse pucky!

It could be said, that some human bodies are beautiful things, but sadly, the reality is, most are not! In fact, upon viewing a few of the less fortunate, you might beseech your maker to strike you blind! A glimpse of Brad Pitt in the buff may put a smile on a woman's face, but encountering someone like me in the raw could be terribly traumatic!

Should Mr. Coldin win his case and our nudity laws are struck down, I, for one, for your sake, will continue to cover up. It's not that I'm terribly bashful -- just considerate.

Mr. Coldin returns to court on Sept. 28 when a date will be set for judgement.

She Says...

We are on the same page on this one. I think it's a waste of the court's time and our money hearing this case. We spoke with Coldin's lawyer Nader Hassan on our show July 6. ( Hear the podcast at A wonderful guest with a great sense of humour, Hassan did feel there was a serious issue of freedom of expression at play here. Far be it from me to curb that, but I would say there is a time and place to express yourself. Not in the drive-thru where the servers are usually teens. Personally I wouldn't want some naked man outside my child's school either. Hassan did say that there could be reasonable restrictions placed on where you could be nude. So, walking near the daycare put your pants on, in the park take them off, the corner store? What will happen to no shirt, no shoes, no service?

Remember, Gwen Jacobs of Guelph, Ontario who decided she wanted to go topless and win the right for all of us some years back? Not something we were clamoring for. Try fighting for equal pay, helping to break the glass ceiling, paying the same as men for dry cleaning and I could go on. You get my drift. There are far more important issues deserving court time and money.

As beautiful a country as this one is, it's not conducive to living life in the nude either. We have horse flies, deer flies, black flies and mosquitoes just to name a few! You are definitely a daredevil if you're running around naked in Canada.

Once in a while it's an inadvertent glimpse that gets everyone talking. Most of you will be aware of a picture caught at the end of the royal tour. It was a windy day in Calgary when cameras caught an unintentional flash of the royal fanny. A little embarrassing for Kate, but she certainly left a lasting impression. (If that were me, looking like that, I would be proud. Wills will likely frame it!) That debate is over the propriety of the photographer's choice to post the show. You can take part in our poll on the issue on our website.

Paul and Carol Mott can be heard discussing the issues weekdays from 11 a.m. until noon streamed through their website