Piercer granted bail, but remains behind bars

A body piercing artist accused of taking his profession too far is at the centre of a debate about whether consensual body modifications are illegal surgeries.

“That’s going to be the argument,” said duty counsel Jim King.

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.

Court heard Niland has been a freelancer at Sacred Arts Skin Grafix and has worked at Live Once Tattoo and Body Piercing, both in North Bay. Before he moved to the city about three years ago, he worked at the Canadian Red Dragon Tattoo Studio in Sudbury.

source: http://www.northbaynugget.com/ArticleDisplay.aspx?e=1411393