A BODY MOD ARTIST HAS BEEN arrested in North Bay in Ontario, Canada, after performing a labia reduction at his home. Andrew Niland, 29, and girlfriend Adrianne Carbone, 21, have been jointly charged with aggravated assault for carrying out the procedure on 18 January, which involves cutting away ‘excess’ tissue from a woman’s genital lips to make them smaller.

Justice of the Peace, James Bubba, heard that the woman who had the operation was of adult age, and had approached Niland to specifically ask for the modification – so it could legitimately be argued that the labia reduction was ‘consensual’.

However, Section 268 of the Criminal Code of Canada states that “no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except…(if) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function”. Put simply, under Canadian law, a person can only consent to a labia reduction if it’s performed by a qualified doctor. They cannot legally give their consent for a body modder to perform the same procedure.

NOT CONTENT WITH ‘CONSENT’

Niland has additionally been charged with two other counts of aggravated assault; for placing a subdermal implant in the same woman’s chest in order to create a decorative shape beneath the skin, and for performing another labia reduction on a different client in April 2008. This second woman had also approached Niland and asked him for the procedure.

Neither woman is pressing charges against Niland, and neither has complained about him or their modifications. Body mod website BMEzine.com and local Canadian newspapers are reporting that the complainant, who originally brought the case to the attention of the police, is one of the women’s mothers. Detective Barry Ramsay of the North Bay Police, who’s working on the case, stated that “a concerned citizen” got in touch with the North Bay Health Unit, who in turn contacted officers.

Niland was granted bail on 29 January, but will stay in jail until he posts a ,000 (£5,550) bond and finds two individuals whom the court approves to be his ‘sureties’ – people who will ensure that he follows his release conditions. These conditions will prohibit the mod artist from performing certain procedures including branding and scarification, although he will still be allowed to pierce so long as perforations in the skin are made only to accommodate a piece of approved jewellery. On going to press, Niland’s next court date was scheduled for 10 March.

IS THE LAW FLAWED, OR DO WE NEED MORE?

The case has provoked intense debate in the body modification community; is Canadian law preventing consenting adult women from making informed choices to alter their own bodies, or is it protecting them from undergoing operations performed by modders who may not be sufficiently knowledgeable? Niland’s trial may well prove to be a test case that sets new precedents as to how the law approaches body modification in Canada, and could potentially shape future legislation worldwide.

SAMPPA SAYS

Modification expert Samppa Von Cyborg (see p74) says: “I’m interested to hear whether the accusation of aggravated assault is upheld for the decorative implant – I suspect Canadian courts may be willing to reduce or dismiss that charge. But I think Niland will be punished for doing labia reductions without a doctor’s certificate. This procedure is actually very simple for a skilled modder to carry out; tongue splitting or earlobe reconstruction – operations that body artists perform without getting into trouble – can be much more tricky, but authorities tend to get upset if a mod affects the genitals, especially a woman’s.

“The law under which Niland’s being charged was probably conceived before the advent of extreme body mod artists, and was intended to catch con men posing as surgeons rather than honest guys who progress from basic piercings or tattoos. Many other common body mod procedures also hit a legal grey area.

“I think there should be laws, though, both to protect clients from dodgy modders, and to protect modders from being jailed, even when they do a great job for a consenting adult. Modders should also have to get qualifications on ethics, anatomy and techniques. I’d like to see the medical profession collaborate more with the mod scene, to learn from each other. I don’t think the UK is progressive enough to start such a programme, but perhaps Finland or Germany could lead the way.”

What do you think? Send your opinions to Alix_fox@dennis.co.uk, or go to the ‘Tattoos And Body Mods’ debate on Bizarremag.com/yourbizarre