As some of you may be aware, Andrew Niland — better known to many of you on IAM as xbolloxx — was arrested earlier this week in North Bay, Ontario, along with his girlfriend, Adrianne Carbone. Here’s the pertinent information from the North Bay Nugget, a local newspaper:
Andrew Niland, 29, was granted bail Thursday. However, he remains in jail until he posts a $10,000 no-cash bond and finds two people approved by court to be his sureties to ensure he follows his release conditions.
Niland and his girlfriend Adrianne Carbone, 21, were arrested last week and jointly charged with aggravated assault for performing a labia reduction on a woman Jan. 18 at his residence.
Niland is also charged with two other counts of aggravated assault for placing an implant in that same woman’s chest — used to create a shape under the skin — in September 2007 and performing another labia-reduction procedure last April.
Court heard there are exceptions to charges involving bodily harm when it comes to piercing which could drive the issue into Canada’s highest court for a decision on consensual body modifications.
Justice of the Peace James Bubba heard that the women involved had asked to have the procedures done to them.
If he’s released, Niland is not allowed to perform certain procedures — such as branding or scarring — although he will be allowed to continue piercing if the procedure is done to accommodate a piece of jewelry.
He’s also banned from having any weapons.
Niland is facing additional charges of possessing a prohibited weapon and careless storage of that weapon after police found a .22-calibre handgun at his residence.
The weapons charge is another matter altogether, and BME takes no stance on that aspect of the case. However, the fact remains that Andrew was arrested for allegedly performing procedures on consenting adults, and the allegations of “aggravated assault” are ludicrous. He was charged as such because, under Ontario law, a person cannot legally consent to the procedures Andrew performed (unless, of course, they were being performed by a doctor). But this has always been a debate central to body modification, and now that its profile is only getting higher, these are issues that are going to have be addressed with the public at large: How much control do we truly have over our own bodies? If a grown woman, of the age of majority, of sound mind, and of her own volition, wishes to have a private practitioner perform a labia reduction on her, or to implant a silicone star, or any other number of things we see frequently in this community, should the state be allowed intercede? And if so, where is the line drawn?
If the story told is accurate, then Andrew did not coerce these people into having these procedures done: They sought him out. He is only in custody right now because the law dictates that adults are not allowed to make certain choices about their bodies. This case has the potential to have massive repercussions on the body modification industry and on our extended community, and we hope that you’ll all follow it closely. BME, of course, will keep you all up to date as much as possible. We’re currently looking into ways for people to support Andrew and Adrianne, perhaps by way of a PayPal account to help with legal fees. We’ll keep you all posted.
EDIT: Andy’s paypal is linked to [email protected] Please send paypal payments to that address in order to help him. I’m not linking a direct “donate” button for reasons mentioned in the comments below.
Comments
118 responses to “Body Modification Practitioner Arrested in North Bay, Ontario”
“It makes you someone with a tattoo, a piercing, scars, implants…. which is amazing.”
eh, not anymore. In fact now that I think of it, really not ever, and thats the problem.
This community was built with the assumption that not only did it have a perfect right to do what it does (which I wholeheartedly support), but also that what it was doing was somehow “mystical” or “revolutionary” or “evolutionary”, all of which are lies.
As someone much more experienced in the field than me said once: “Jesus, it’s just a fucking piercing. You didn’t just go to the moon”.
how would anyone know he was doing it? much less at his home?(assuming he has a clean room for such procedures)
I added Andy’s paypal info to the entry above. If you’d like to contribute to him directly, please do so via paypal.
Labia reduction is a Felony in the state of Illinois. Doctors can only perform it if it is medically necessary. This makes it illegal for doctors to even do it for aesthetic reasons.
And can we start to say that Andy allegedly did these things. Please. Let us not help to convict him.
A few things come to mind upon reading all of this.
I don’t know Andy that well, but I know enough to respect him and what he believes in. He holds high standards and, as mentioned, has worked with the local health unit. I will do what I can to help out and support a fellow piercer.
He’s one of the very very few APP members in Canada (I could probably count them all on two hands). I know the APP has no public opinion on mods outside of piercing, since that’s their main concern. But I sincerely hope that someone associated is considering all of this heavily and are willing to help out someone who holds true to their ideals and standards, even if they do so privately so as not to show public support for cutting, etc.
I sure as hell hope the “victims” in question are showing some support as well. Even if it’s just press. It would certainly be sad to see someone who seeks out this kind of heavy mod turn their back on the ones who were able to provide it. Also it would throw a nice big monkey wrench in the case against.
Makes me wish the idea of the Church Of Body Modification hadn’t have gone up in smoke here in Canada. I don’t know how much they’d have actually been able to help, but even the sense of community would be a comfort I’m sure.
And if I may play devils advocate here, I wonder how different this whole case would be if it were an older man having a nullification proceedure done on him and it was his “concerned children” who were pressing charges. A lot different I bet. I don’t know a lot about womens civil liberties, but I bet they could really come into play here. Though to who’s advantage I wonder.
And Shawn, nothing is more dangerous than pregnant North Bay teens!
It really isn’t appropriate for people to be calling for the APP to support Andy. What he allegedly did is OUTSIDE their scope and just because he’s a piercer, doesn’t mean they should come out and support him publicly for this specific procedure.
You make a valid point, Rachel. And I’m not trying to say it’s their responsibility. But I don’t think there’s anything wrong with them helping him out if they can. Andy really pulls for them and what they stand for. I’m not so much ‘calling for them to support’ as I am just saying it would be nice of them to do what they can for one of their biggest Canadian advocates. And as I mentioned, private, rather than public help might actually be in their better interests if they were to help out. No one said they should support the procedure.
Surely if the client refuses to testify then the case against Andrew is going to struggle, I have to agree with yttrx – this sort of campaign against body modification was going to happen, the same way it did with tongie splitting. Remember Andrew is not just been charged over the labia reduction incidents. There’s two other counts of aggravated assault for placing an implant under skin
@piercingrob the Church of Body Modification is alive and well in Canada. There was a very recent restructuring that has left Chris Carter as President along with a 4 member board, including one Russ Foxx of Vancouver (formerly of the Barrie/Alliston, On) area.
As for the Church getting involved? If the people involved were members of the Church then they may help, but I haven’t heard either way if they are or are not members.
I won a Gift Certificate for Fade Fast at this years past Mod Prom, I have put it up on Ebay, 100% of the proceeds will be donated to Andy, and Adrianne
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=180326157076&ssPageName=ADME:L:LCA:US:1123
If #4′s quote of the law is accurate and to-date, the law has *no* grounds for assault charges. Practicing medicine without a license *maybe*, though only truly if the practitioner misrepresented his qualifications (though I suppose it’s best not to bring this up even, as giving the prosecution more rope is never good)
“Excision
(3) For greater certainty, in this section, “wounds” or “maims” includes to excise,
infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a
person, except where
(a) 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; or
(b) the person is at least eighteen years of age and there is no resulting bodily
harm.
Consent
(4) For the purposes of this section and section 265, 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 in the cases described in paragraphs (3)(a) and
(b).”
This states that consent is not valid **EXCEPT** in the cases described above. Now, obviously, (3)(a) is out, but (3)(b) may well not be. So long as the client was 18, and there is no resulting bodily harm, consent IS VALID.
Now, the tricky part may well be providing proof that there is no resulting bodily harm. A medical expert witness may be required. I would highly recommend seeking out a mod-friendly gyn, if one could be found. The prosecution, unfortunately, will likely have little difficulty finding a board-certified plastic surgeon with a vested personal interest in cornering the market on labiaplasty, but if the job was done clean then even that theoretical asshole will have trouble finding fault with the procedure.
Provided adequate representation and a little luck with selecting expert witnesses, this could well be an open & shut case, should the prosecution fail to bring forward alternate charges.
This is what happened, although I have to be a little bit vague with some details. I’m the co-accused, so I don’t want to get Andy or I in any more trouble.
A 24 year old, female asked Andy to perform a labia reduction. She had been thinking of getting this done for a while, as would be expected. She had researched ways in which a cosmetic surgeon would go about doing the procedure, as well as cost for it, so it’s not like she didn’t think of any alternatives. She chose Andy because he had done piercings and implants on her before and they’d known each other for a few years – Trust had already been built and maintained.
On January 18th, she came over to our apartment, bringing along her cousin, and a mutual friend. The procedure itself went smoothly, there were no complications, and once everything was done, it looked perfect. On the 19th, the mutual friend, decided for some idiotic reason, to tell her mother about what had happened the previous night. Her mother freaked, out of concern for the “victim’s” healh, and called the health board, which led to a police investigation. Andy and I were arrested on Wednesday, 21st, around 6:30pm, and they searched our apartment the morning after. On Friday morning, I was released on $500 bail, with a condition that I’m not allowed to speak directly or indirectly to the “victim.” Andy was held until until Monday, for further investigation. From what I’ve heard, the woman who had this done was told to go see a doctor, to be sure everything was alright, and there was no infection. Doctor’s were apparently impressed with how good everything looked. Unfortunately, that comes from someone who likes to twist stories, but I wouldn’t be surprised if it were true.
Right now, any of Andy’s court appearances have just been trying to find him a surety. He is eligible to be released, but what they’re asking for his conditions would be forcing Andy out of the city, as well as denying him a job. They want him to have two sureties with a combined pledge of $10,000 and one of the sureties has to live with him. They say he is not allowed to remove any tissue from the body, but he would be allowed to pierce, so long as it’s to accomodate a piece of jewelry….Hmmmm….So, basically, the second he does a piercing, they could bring him back in.
Good news is that he has a lawyer who’s going to help him be released. From what Andy’s told me, they’re going to try to negotiate his bail conditions. We’re hoping for a court date next week. If we don’t get one then, he has his hearing on the 24th. Same day as my trial.
I’m hoping that this works out in favour of the body mod community. I hope people recognize that we’re not a bunch of idiots, and that obviously people wouldn’t go to someone who didn’t know what they were doing.
As for the firearm charges, I don’t really know what to say…I didn’t have a problem with him owning a gun, I just wish it had been registered and stored properly.
If anyone has any questions, my IAM is Intheflesh1988, or my email address is [email protected]. Our computers were taken in the search, so I only get to go online every so often, but I’ll do my best to reply to anyone’s questions/concerns.
Also, a HUGE thanks to everyone who’s helping out, and supporting Andy and I. It’s sincerely appreciated by the both of us.
Cheers!
sad … really sad . I know that we are all concerned by this topic …but just to let you know that this case is not the only one so far . There is a guy in jail since 4 months in japan for practicing body modification and his shop (in osaka) has been shut down . In France a guy called Toro (yes this Toro) is facing jail and he’s pursued by the french government for a suspension done for a TV show 3 years ago on an under age guy (4 months from is 18′th birthday, the legal age in france) with his mother’s consentment … and I have been in court since two years (and i won) in France, for a skar I did on a under age guy who came to me with a false mother . The guy who is now 19 is the one who prosecuted me !!! since I won the first time he took the case to appeal . The result will triger a case law for the whole of Europe …
and so on… since I’m sure thats not the only cases in the world .
anybody want my paypal accoumpt ?! haha !
The body of law is bigger than us. The medical profession is bigger than us. What do you think is going to happen when we start stepping on their toes by performing medical procedures in our living rooms? Of course they are going to come down on us! Have WE spent years in school and training or received certification that we are licensed by institutions to do those things? NO! Are you allowed to design and build a house yourself in most cities without the proper approval in various steps and architects seeing that the plans are structurally safe? Are you allowed to practice dentistry without getting your license? Are you allowed to drive without a license? No and there are repercussions for all of that including performing medical procedures. Society has drawn lines and we act surprised that it is upset when we cross them. It doesn’t matter if it’s consensual if it is a procedure that is illegal for anyone but licensed medical practitioners to perform. Society doesn’t let suicidal people kill themselves. Suicide is consensual.
It’s too bad that he is a nice guy who is in jail but hindsight clearly shows that it was a poor choice on his part. Is it really so surprising he is in jail that it evokes so much outrage from our community?
When piercers step over the lines like this AND get caught, it reflects poorly on all of us.
Andrew is a great guy, there’s no doubt about it, but the matter of the fact is he broke the law by performing acts reserved only for registered physicians. Using the whole “consent” defense doesnt cut it. You cant consent to an illegal acitivity, which this was. Aside from the obvious infections that could arise from performing such activities, the lack of localized or general anaesthetic could also result in PTSD from the pain and anguis of the procedure. I know that Andrew and his most recent previous emplyer are all about cleanliness, as indicated by the visible health unit inspection results in the front window, but they cannot take him being “a nice guy” or his level of sanitation and say “it’s ok”. What kind of example would that be setting? What he did is illegal, and unfortunately he must pay the piper. What’s next, a battle to legalize dentistry performed out of people’s living rooms or car trunks?
r.i.p
I realize what these laws are made to protect. They are trying to prevent dumb people from getting basement boob-jobs and back alley operations from ‘unrecognized’ surgeons (by the medical community). They’re meant to protect. I’ve met some girls with pretty scary results after deciding to have their cosmetic surgery in South America where there are less protective laws and more stay at home ‘surgeons’ than here in North America.
It is unfortunate that the law has made an example of Andrew. I feel his case is an exception but they just want to reinforce the issue by using his case and that just plain sucks. I don’t agree with the accusations of assault in this case, its just a bad interpretation of laws that are meant to protect the public.
Andy died….they found his body on the side of the highway and it was an apparent suicide…….Ive heard that theres alot more to the story…..anyone know anything???