Joe.My.God. LGBT News
Agence France-Press reports:
Canada’s attorney general announced Tuesday a move to repeal legislation used to effectively prosecute gay youths who engage in anal sex, calling it “discriminatory.” Section 159 of the Criminal Code makes anal sex involving youths who are above the age of consent but not yet 18 punishable by up to 10 years in prison.
It was quashed as unconstitutional by lower courts in the 1990s but continued to be used to prosecute dozens of people in recent years, according to government statistics cited by rights group Egale. “This section of the criminal code is discriminatory,” Minister Jody Wilson-Raybould told a press conference.
“Our society has evolved over the past few decades and our criminal justice system needs to evolve as well,” she said. Also on Tuesday, Prime Minister Justin Trudeau appointed a special advisor on lesbian, gay, bisexual and transgender (LGBT) issues. MP Randy Boissonnault is expected to consult with the LBGT community on a formal apology for decades of persecution and discriminations.
More from CBC News:
Justice Minister Jody Wilson-Raybould announced the change today, saying the “outdated” law violates equality rights. “This section of the Criminal Code is discriminatory and the LGBTQ2 community has rightfully called for its repeal,” she 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.”
Wilson-Raybould said the change is substantive and not just symbolic. In 2014 and 2015, there were 69 charges laid under the law, though none led to convictions. The minister said appellate courts across the country have deemed the law unconstitutional.
The bill, C-32, is retroactive to 1983, but Wilson-Raybould said the law does not mean automatic pardons. That falls under the jurisdiction of Public Safety Minister Ralph Goodale, who is studying the issue, she said.
“The proposed amendment would ensure, in law, that all forms of consensual sexual activity are treated the same,” she said. “Diversity and inclusion have long been among the values Canadians embrace. Canadians expect their laws and their government to reflect these values.”