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”
Jon: That’s what I was thinking. We’re trying to get Andy’s paypal info so it can go directly to him. We’ll definitely need to put up a separate site/blog for him.
Thanks for disliking me but still realizing that this has nothing to do with me other than trying to help a member of our community.
Rachel: Shush, it’s not that I dislike you at all. I’m sure you’re a nice person! I just didn’t like what happened with BME, hence I’m not part of it any more. Just thought I’d clarify that. Maybe I’m getting less angry in my old age :S
how did the police even find out that he did these procedures on people? its not like these women were going around to police stations and courthouses flashing their labia at everyone.
and where exactly do you draw the line and define something as “assault” if its consensual? what about BDSM and stuff like that that is performed by consenting adults in the privacy of their own home? it may be what some people consider “violent” but it can’t be “assault” unless someone is either being forced into it or they somehow decide to press charges. of course, i’m also not from Canada so maybe they do things differently up there.
Jessorz: It’s been mentioned a few times. Allegedly, the parent of someone who had a procedure done called the police despite their daughter being 21 (or over).
Uwe Balls: If BME doesn’t protect it’s “corporate assets” then there would be no BME.
IIRC, that law was enacted to outlaw female circumcision and to give victims of that practice legal recourse.
That said, it is completely absurd to prosecute someone who performed an entirely different procedure on an informed, consenting adult.
Bullshit.
That is royally fucked up.
Whatever happened to Todd Bertrang anyway? I mean other than terrible shit in general. It’s been years since I’ve seen anyone mention his name.
So…they’re not charging for practicing medicine even though it’s a procedure offered by doctors, but charging for aggravated assault because there isn’t a legal way to consent to such procedures outside of a doctors office? Interesting.
We should find a good (possibly modified?) lawyer to defend him for “free” and then donate whatever we can gather for the lawyer. Any lawyers want to help and have a paypal account set up in their name? haha
Can’t believe this!! How in the world is it possible that society allow bodymods, if the government makes it illegal??
Just insane, I hope Andrew and his girlfriend will be done with this bullsh*t ASAP.
Seems like the world still isn’t ready for bodymods…
too bad 🙁
I was going all over New York a few years ago when Suffolk County was trying to ban a number of procedures, and to be perfectly blunt piercers in NYC told me that they were glad that all kinds of procedures were being banned in Suffolk because then they would have to travel to NYC to get their mods ‘like they should’.
What few people realize is that once a law is approved anywhere in the US it can be adopted/adapted anywhere else in the US without the need for additional public review. Once a poorly conceived law is on the books it can spread like a virus, it’s not until people are locked up that the legislation raises serious concern from the body arts community.
Last I heard New York State has every intention of banning any procedure that can reasonably be considered a medical procedure (by their judgment, not yours), they already banned tongue splitting some years ago (even when performed by a DR.) and when I confronted an advanced NYC piercer named Brian ______ (last name withheld but I had issued him a fancy certificate of appreciation based on his ability) his total lack of concern and verbal response was essentially “They banned drugs, that didn’t stop them from being available”. One of the big differences between illicit drug sales and illicit body modifications is “Mr. Big” can’t pay some stupid kid a few bucks or with a tube of Resistol glue (shoe glue for the shoeless) for delivering illicit goods while the kingpin is protected.
The body modification community as a whole is not interested in being active in shaping the legislative process, and from what I’ve seen the medical community prefers to not do any fact checking before protecting their financial interests; for example the PACE report showed that 92% of reported piercing complications were of the ear and navel, and they were using that report as proof that all body piercings other than ear and navel should be banned- and you know what, I WAS THE ONLY PERSON THERE WHO POINTED THIS OUT! The most common rebuttal from local body artists was essentially that all this is covered by “freedom of speech” clueless to the fact that the US Supreme court already ruled that piercing is not protected by freedom of speech but tattooing is (under certain circumstances).
This is clearly a case of too little too late; to leave the creation of this kind of legislation to the failing US medical community is very foolish, as they can not be trusted to represent any interests other than their own. Their fact checking seemed limited to legal research to learn what they might be able to get away with banning, not what the real risks were, or how they could be reduced. When it was suggested that perhaps they should make piercing complications a reportable medical event for the purpose of tracking if there is a real problem the Suffolk County Board of Health laughed out loud!
I noticed a lot of you folks missed this point in your replies but the fact is “consent can’t be given for an illegal act”, the diligent thing to do is fight proposed legislation before it gets on the books. If any of you think fighting a body arts war of attrition against the government is the way to go let me remind you that they are the overwhelming majority and are using your tax money against you- civil disobedience is usually a losing cause and is always far more expensive than being proactive.
Fighting the legislators is very time consuming and expensive (often you need to hire a lawyer before they will take you seriously), and the people ‘saved’ mostly won’t admit that you helped them, and certainly will never thank you; in fact the overall mood will be “they couldn’t pass those laws anyway”.
My personal opinion is that some of what some “piercers” do is not body piercing but body sculpting and that instead of banning such advanced procedures a higher level of certification should be created as I think piercers should initially be restricted to the piercings that don’t require specialized tools, tricky placement or potentially reduced success; I feel that these advanced procedures are typically best reserved for those who have already made a significant commitment to the body arts lifestyle.
My assessment is that this is a profession where those who profit the most from “edge” procedures typically spend all their discretionary income on themselves, often on expensive petrol fueled toys (why is this?) this kind of possessive posturing seems very anti-modern primitive to my way of thinking. The solution of course would be to pool funds to fight mal conceived fledgling legislation wherever it surfaces, but that’s when everyone claims it’s not that important (A.K.A. I don’t have the money). All too often we know what the best answer to our problem is, but it’s not what we want to hear so we destructively winnie it down into something (more comfortable but) less durable.
I was thinking about this the other day. My grandfather was an old-minded italian inmigrant so my father was pretty square-minded as well, and I can’t understand how so many people agree to the idea that progress always involve change and that any change that’s harmless to the rest and, specially if positive for one’s self, is accepted and even celebrated. Though if it involves body modification, either if taken as a way of life or just for the joy of decorating the body, it’s all wrong on the Devil’s hands have to be on it.
So I saw we gather and prosecute the non-modified, since we’re going to hell either way!
Well, getting serious again, if you learn to think by yourself and shape your mind the way you want to, regardless of what the society states is the “right” way to move, then why would anyone with a bit of common sense expect this idea or way of life not to be externalized?
Independence is being dependant of yourself and, as Richard Bach’s Illusions states, responsible is Able to Respond, able to answer for the way we choose to live…
As long as justice takes over a person’s will, even if it is in such a specific case, we can’t expect things to be fair…
Because of where I live, I’m used to being subject of many jokes and discussions so this really upsets me. A real criminal should be the one that tries to tell others how to live their lives when they’re doing what they want to their own selves…
I think I wrote too much know and am not sure if it all makes sense
Cheers to fairness over this so called justice
What I’d like to know is how the mother of one of the “complainants” found out about such a heavy genital mod?
is that shirt still in the BMEshop? if they outlaw pussy cutting only outlaws will cut pussy. or something to that effect.
Hearts to Andy…….. anyone who has met him knows he is a fine piercer and an amazing person in general <3333 he does not deserve this…… stupid canada
@64 The shirt was available in the final run designs, but it seems to be gone now. I wear mine all the time — and I usually end up somewhere totally inappropriate. Someday I’m gonna end up with kids and accidentally wear it to parent-teacher conferences.
At me #63: exactly what I was thinking! like seriously how? did she hike up her kids skirt just to take a peek at her pussy? hhuummm . . .
Last night I was thinking about this issue, then I remembered hearing about a procedure years ago preformed on women (mostly older ladies, or ladies who have had children) to reduce the labia lips from saggy to not so saggy. I remember that it was done in a plastic surgeons office. Thinking of that just made me go “Huh . . . how interesting . . . “
I told you all this was going to happen. I’ve been saying it for 15 years. And now it really begins.
There’s a pretty simple way to sidestep this kind of thing and (at least in the US and Canada) have it be legally a medical procedure.
Unfortunately the vast majority of practitioners are too lazy and/or stupid to do it.
It’s going to be an awesome show though, so thanks to everyone in advance for your jail sentences. More than a few of us find them entertaining.
And wait, hasnt anyone asked the precious APP for help? Isn’t this *precisely* the sort of thing they should be involving themselves with? Is there enough money after all the cocaine and vodka from the convention to cover this poor guy’s bail?
Or is the APP really actually completely useless, as every last one of it’s progenitors has been claiming for years?
the APP is about piercings they are against implants(as stated in modify the movie) and in my hardly informed opinion probably wouldent even tounch on surgical mods
I also know Andy really well. he is amazing at what he does and it makes me so upset that this is happening. This just taking place a few months after he did a wonderful job pointing my ears. I hope everything works out for him and he gets all the peer support he needs.
“as stated in modify the movie”
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Whoops.
So really what youre saying is yeah, they are useless.
Go, APP. Seriously. Seriously, go. Away. Now. You’re done.
Should this be any concern for practitioners in the States? I’m 19 years old and I’ve been piercing in a shop for 3 years now. I’ve just recently starting scarification and branding and in the future I would like to learn more surgical modification. How are these things going to affect people like me?
So if someone doesn’t setup a PayPal account to help out soon, I’ll set one up. This is ridiculous!
Jim-
Saying “I told you this would happen” is like prognosticating “you will end up dating a young Jewish girl” and claiming to be a prophet when it eventually happens. It doesn’t take Nostradamus to predict the inevitable, my friend. Wrenching your arm out of socket patting yourself on the back isn’t a modification. (though I’m sure there are SOME scene points for having that mod)
Otherwise… I agree.
I might be in town this weekend… wanna have a drink?
And no offense Benjamin…
but I doubt most people would give money to a well meaning stranger* on the internet who’s set up a paypal account for donations…. if that worked… I’d be setting up one to buy a nice necklace.
*While I’m not implying you are yourself strange… I doubt people who don’t know you would be entirely trusting of your benevolent attempts at helping.
@31: “These procedures are being done by doctors, in medical facilities, not some dude’s living room. Anyone who was performing boob jobs in ‘backyard’ surgeries would be arrested. Nobody would be outraged by that, not even here.”
Don’t make universal statements. I am continually offended and outraged by the monopoly on “medicine” which is imposed forcefully by the government. I don’t care if someone is not “medically licensed,” as long as that individual doesn’t defraud his/her customers by claiming s/he is. If I want to hire my neighbor to remove my appendix, that’s my choice, and the government has no business pointing guns and telling me who I can and cannot trust to perform medicine on me. The only way they have business there is if my neighbor was lying to me about his qualifications (or lack thereof).
As an adult, I own my body, and have every right to entrust its care to whomever I deem worthy of that trust.
Regarding consent…
While some might be coerced into signing a consent form, and that should certainly be dealt with (severely), it’s up to the government to prove that’s what happened.
Innocent until proven guilty, eh?
Arresting this man and then demanding that he defend himself, at great personal and financial expense, presumes that he is guilty. If the government believes someone was coerced into consenting, let them make that case, instead of presuming guilt and demanding that the accused jump through hoops for their amusement.
Shawn:
“Saying “I told you this would happen” is like prognosticating “you will end up dating a young Jewish girl” and claiming to be a prophet when it eventually happens. It doesn’t take Nostradamus to predict the inevitable, my friend. Wrenching your arm out of socket patting yourself on the back isn’t a modification.”
On the contrary: I’m wretching about it.
The difference between when I was trumpeting it all over the place (and by the way, as I recall, for at least a decade I was the only one doing it publicly) I actually didn’t really want it to happen. Now I’m wretching as a direct result of having been right, but having an unexpectedly jolly time watching it start.
I didn’t know how badly I wanted to be right. Isn’t that weird? I suppose I’m giving the entire community the treatment by way of placing them as surrogates for Shannon. As the heavy mod scene is imprisoned and withers away, I can imagine its creator doing the same.
Is there a word that means “delightful vomit”? That’s where my head is.
There was nothing prophetic about me saying it all those years by the way. Anyone with a braincell functioning new it would happen. So that’s what, four people including you and me?
And absolutely. Its on me.
And hey moderator, is there a motherfucking reason that I’m on the moderate list again?
If it’s on you… I say we get a bottle of scotch that’s older than our girlfriends and sit around in jock straps drinking it. 🙂
so this means you’ll be sharing an eight year old bottle of scotch?
how gauche.
ZING!
Jon P: Email me and I’ll set you up with Andy’s PayPal account. [email protected]
Oh Russ, why couldn’t this have been you…
The “practicing medicine without a license” argument is hard to hold up over 3-d art implants. Since no doctors are performing these modifications, it is a grey area at best and the techniques and materials used would be the only true case for it. However, in the case of a labia reduction, a procedure that is performed by MD’s it’s a little more black and white, much like a non-MD performing breast implants out of a hotel room.
IMHO, sane adults should be able to do what they please to there bodies whether that be taking drugs, having sex for money or cutting off a limb. Unfortunately, in the “real world” there are laws set to protect people from themselves. If we want to see less of these type arrest we need to fight laws that infringe on what should be our “god given” rights over our own bodies.
My thoughts are with Andy and his girlfriend and I sincerely hope the government does not decide to make an example of him.
Is it just more acceptable to get breast implants (or lipo) rather than take a different initiative and change/nullify/modify the female body outside societies “norm”?
A doctor won’t give you horns but they have no problem rearanging a face like Ms Potatohead to conform to a Hollywood ideal.
You can make an informed decision to have major cosmetic surgery, even tho some women have died during or after such proceedures, but you can’t make an informed decision to have your labia trimmed or removed by a doctor?
Doctors need to rethink things.
Until people can talk openly with doctors about proceedures without being stigmatized/judged then people will go to cutters.
That’s the point YOU CAN have a labia reduction done by a doctor. It’s actually a fairly common procedure, even if it’s not as well known as the more visible cosmetic surgery.
Absolutely NO disrespect to Andy and his gf. I use the word “cutter” as meaning a non-doctor performing the proceedure outside a clinic. Seems the medicos are trying to drive out midwives as well.
I’m rooting for Andy and his gf and hope they aren’t used as some sort of example and exploited…tho I fear the worst for them and the body mod community at large.
It just looks like history repeating itself again. Trying to destroy the ideals of being an individual? When has anyone been truly allowed to tell us what to do? The more you tell people not to do something the more they well? Whats next using a piercing needle will be classed as assualt? due to he trauma the tissue may incur?
I would love to just state the greatest quote modders have “No one should dictate to me what i can and can not do to my body” Bear
In the end all this is going to do is drive the industry underground.
i truly hope this is all resolved without destroying the industry or dividing it.
Cheers Dion
Good luck Andrew & Adrianne
Sean, I know they can “tidy” things up down there. I was thinking more along the lines of a labial removal.
I can see your point exactly about this particular proceedure. It’s not one that’s been driven underground and could have been done by a doctor. The question is personal choice. Of wanting it done outside a clinical setting.
People need to take more responsibility for themselves I guess. But in a “sue sue sue” society…I dunno. Seems like every product has absolutely no-brainer warnings these days because people are spoon-fed, ass-wiped, and poised to sue should anything happen whatsoever.
If people won’t take personal responsibility will the powers-that-be give them any in the future? Will we have rights to ourselves?
Man what a can of worms opened…
The thing is, if someone makes the choice to have a procedure done by a non-medical professional, and things go awry, it is the medical community that ends up taking responsibility for the client turned patient. Especially in a place like Canada with universal healthcare, that’s a pretty costly risk.
That being said, I think there is a place for some kind of official certification giving body modification practitioners the right to perform certain surgical procedures without a medical licence, and releasing them from any legal ramifications with proof of informed consent from the client. In the absence of such a thing, this is what we get – subjective case-by-case convictions with disproportionate charges.
As riled up by this as I am, I can’t help but see both sides of the law as it stands. I only hope that whoever hears this case realizes how ridiculous it is and lets everyone get on with their lives.
The APP is not “against” implants etc. They just have no official opinion on it. They choose not to extend themselves beyond piercing, and I (personally) think that considering the goals of the association, that is reasonable.
I think one of the main issues here is that yes, because labia reduction is a procedure that doctors perform, doing it without a medical license would be “practicing medicine without a license “….Many have responded with the need to find doctors willing to learn how to do implants and etc. so we can have these things done legally. But seriously? How many of you really want a doctor to do that for you? The woman in question COULD have gone to a doctor. She didn’t. She wanted a mod. practitioner to do the work. And I’m sure many of us would too. There is more to any modification that the end result, and every person here knows that.
But overall, I think this case is very relevant to all of us, as a community, because yes, laws are generally in place with good intentions, but when they allow for persecution of minorities (in this case, just those with a less popular aesthetic) that needs to be recognized and changed. Societies grow and change, and the laws need to reflect those changes. So I can only hope that Andy’s case brings more light to the situation, and inspires some action, and perhaps helps more people realize the current unfortunate state of many of the laws (or lack there off) that apply to body arts. I know many of the folks at the core of BME have felt the bad end of this many times, but it seems relatively easy to be unaware of the situation if you aren’t involved in the industry in some way. And, as many have said, I hope that we can figure out a way for us to be able to contribute to the cause!
I agree with Shawn Porter.
I would like to add that I love a well hung woman. Big wet meaty beef curtains for me! Naturally I don’t think wanting a woman to look like she’s shop lifting a fruit bat up her love box gives me any rights as to legislating anything at all. I’m JUST SAYING!
Allowing a non-medical professional to perform surgery like this just gives cutters the opportunity to do the same, cause real damage and then give the whole bodymod community a bad name.
Making it illegal just prevents the non-medical professional from potentially killing someone.
Just as you argue that bodymod professionals should do more than just pierce and scar, where do you draw the line? Labiaplasty? Finger reattachments? Amputations? Nose jobs?
So there you go- we need a ‘line’ and here it is. Cross it, and you’re in jail.
“Trying to destroy the ideals of being an individual?”
I’m sorry sweetheart, but if you’re not an individual without slicing off someone’s labia, then you still won’t be even if you do.
It’s the ancient reasoning, which clearly predates almost everyone here, and it used to reference piercing, like this:
“If you’re getting pierced to be interesting, don’t bother. If you weren’t interesting before you got pierced, you won’t be interesting after either”.
“The APP is not “against” implants etc. They just have no official opinion on it. They choose not to extend themselves beyond piercing, and I (personally) think that considering the goals of the association, that is reasonable.”
Goals? What goals?
The government has an obligation to set forth rules to protect it’s populace.
The populace has an obligation to tell the government when they feel that the protection have overextended itself and is encroaching on it’s rights.
Regardless of where your fealty lies- The State, The Union, The Crown, The People… you have a right and a duty to say “you know what… I appreciate that you’re trying to protect us, but this time you’ve gone too far”.
Is Andy’s situation that?
A government going to far?
I think so, yes.
But to say I’m biased is an understatement. Regardless of what your t-shirt MAY tell you, being modified does NOT MAKE YOU A CULTURAL REVOLUTIONARY. It makes you someone with a tattoo, a piercing, scars, implants…. which is amazing. There are so many of us now that modification is just another facet of our lives. I’ve been saying for a decade “do NOT be defined by your modifications”…. be proud of them yes. But if this is all that makes you an individual- like Jim said… you’re still not.
I don’t think Andrew did anything that needs government intrusion.. and I’m sure the money the Crown is spending to prosecute him could be MUCH better spent on things that would ACTUALLY make society safer.
Like I said above- we need to make that point in any way we can. Telling those in charge that yes- this stuff comes with risk… but if you seriously think that Andy Niland is more dangerous to the citizens of North Bay than heroin, crack, teenage pregnancy and people who end up sleeping in gutters because money that COULD be used to house them is being used to prosecute Andy…
Silliness.