Justice Minister Jody Wilson-Raybould announces Liberal plan to repeal anal sex ban on the Hill. | Photo – Ruth Tecle
The Trudeau government tabled legislation today to repeal a section of the Criminal Code that criminalizes anal sex between people under 18 unless they are husband and wife.
Minister of Justice Jody Wilson-Raybould (MP Vancouver Granville), tabled An Act related to the repeal of section 159 of the Criminal Code this morning after MP Randy Boissonnault (Edmonton-Centre) was announced as Special Advisor to the prime minister on LGBTQ issues.
“This section of the Criminal Code is discriminatory and the LGBTQ2 community has rightfully called for its repeal,” Wilson-Raybould said.
“Our society has evolved over the last few decades and our criminal justice system needs to evolve as well. This legislation will help ensure that the system is keeping pace with societal change and continuing to meet expectations of Canadians.”
Section 159 of the Criminal Code is in effect in five provinces and three territories. It has been found unconstitutional by federal appellate courts in Ontario, Quebec, Alberta, British Columbia Nova Scotia.
Wilson-Raybould and Boissonnault addressed a scrum together where they said that pardons and compensation for those convicted under this section of the Criminal Code are not part of the repeal.
Social justice organization, Egale, released a report in June that provided the government with a list of recommendations. The repeal was among them. The group also recommended that apologies, pardons and compensation be given to those who have been convicted. The government said this morning that it’s working towards an official apology.
“Even after Ontario struck down the law in 1995, police continued to charge people with anal intercourse,” the Egale report said. “Between 2008 and 2014 in Ontario, 22 people were charged with anal intercourse under Section 159. Two of those were youth. More than half of those charged in Quebec were youth.”
Douglas Elliott, Chair of Egale Canada’s Just Society Committee is a lawyer who addressed questions after the government scrum. “The problem is we found that police and crown attorneys get no training,” said Elliott.
Helen Kennedy, the Executive Director of Egale Canada answered questions alongside Elliott,recognizing that this is the beginning of a long process.
“People have lost their jobs, people have attempted suicide, people have been homeless, lost their families, they’ve lost access to their children. These are real things that have happened to members of our communities” said Kennedy, when asked about how people have suffered as a result of this law.
“I would rather be fighting for this today than across the street in the Supreme Court. I think this is a very healthy situation for our community to be in,” said Kennedy.
Advocate Marni Panas was on the Hill from Alberta with her son at the announcement to repeal s.159 of the criminal code. | Photo – Ruth Tecle
Marni Panas is a trans woman and father to two sons, one of whom attended the announcement of the repeal with her. Panas is in favour of the new legislation and counts it as “one more step in inclusion to provide the same opportunities that every Canadian have to live a normal happy life.”
