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Weeks prior to her death, Ames had confirmed that she had a history of bipolar depressive disorder and dissociative identity disorder due to a traumatic childhood, stating: "Some days I'll be fine and if I'm not doing anything I'll get these awful flashbacks of my childhood and I get very depressed and I can't get out of bed and cancel my scenes for like a week or two".On 3 December 2017, two days before her death, Ames received negative Twitter comments for her tweet stating: "whichever (lady) performer is replacing me tomorrow for @Erotica XNews , you're shooting with a guy who has shot gay porn, just to let cha know.The scope of her activity was limited and was entirely non-commercial.No one who was offended was forced to continue looking at her" and that furthermore "the community standard of tolerance when all of the relevant circumstances are taken into account" was not exceeded.Topfreedom is allowed in Ontario, set by the precedent in the case of Gwen Jacob.The acting executive director of Municipal Licensing and Standards said that while "there's no bylaw that governs toplessness", "it is legal for women to go topless on the streets of Toronto" according to a National Post article.

In 1991, toplessness as an indecent act was challenged in Guelph, Ontario, by Gwen Jacob, who removed her shirt and was charged with indecency.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.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.August Ames (born Mercedes Grabowski; 23 August 1994 – 5 December 2017) was a Canadian American pornographic actress and model who appeared in almost 290 movies and was nominated for several AVN Awards throughout her career.Ames was born in Antigonish, Nova Scotia, but she was raised in Colorado Springs, Colorado during her teenage years. Both of her parents worked in the army and she spent her early years as a military brat.

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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.

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