Liberals proceed to scrap anal-sex law
Section 159 forbids group sex, puts age of consent higher than vaginal sex
The Liberal government will soon proceed to repeal a law that criminalizes anal sex.
Section 159 of the Criminal Code forbids anal sex “in a general public place or if a lot more than two persons participate or are present,” and puts age consent for anal sex two years higher than the overall consent age of 16.
In a parliamentary document announcing future business, the Liberals announced that Justice Minister Jody Wilson-Raybould programs to table “an Act related to the repeal of section 159 of the Criminal Code” on Nov 14, around 3 pm EDT.
The bill would then work its way through debate inside your home and Senate, unless the government takes the rare move of fast-tracking it.
On April 8, 2016, the spokesman for Prime Minister Justin Trudeau told Daily Xtra the Liberals would study repealing section 159. On June 13, Egale Canada called on the federal government to repeal the regulation, within an extensive review of present and past federal policies that discriminated against LGBT Canadians.
Within an interview with Xtra on June 22, Trudeau said the federal government was reviewing the age of consent laws surrounding anal sex. “That’s something that we’re quite definitely looking forward to moving on promptly,” he said.
Kyle Kirkup, an assistant rules professor at the University of Ottawa, told Xtra that the repeal “should have happened two decades ago.” He noted a 1995 Ontario court ruling that found the section violated the charter, declaring it, “to be of no power and effect.”
In that ruling, Justice Rosalie Abella (now a Supreme Courtroom judge) argued that “the health education [teenagers] should be receiving to protect them from avoidable harm could be curtailed, since it could be interpreted as counselling young people about a form of sexual conduct the law prohibits them from taking part in.”
According to internal documents acquired by Daily Xtra, general public servants anticipated in springtime 2016 that the government would announce in June a bill to repeal section 159. The government has not said whether those convicted under section 159 will be considered for pardons, though criminal convictions for “buggery” and “gross indecency” prior to 1969 will be reviewed.
In an analysis this year, public servants studied all Canadians currently serving sentences under a section 159 conviction, discovering that “none of the 27 cases involved consensual sex between adults.” However, the analysis didn’t include those who served sentences decades ago.
The repeal is guaranteed to cause controversy among social conservatives. Within an interview with Life Site in August, REAL Ladies of Canada founder Gwen Landolt warned that the government might repeal section 159 lacking any amendment to place anal sex beneath the general consent law.
“With those sections removed, you could have sex anytime, any place, anywhere, with anyone,” she said.