An Act to amend the Criminal Code (consent)

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Craig Scott  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Introduced, as of Oct. 16, 2013

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment repeals section 159 of the Criminal Code, thus removing the distinction between anal intercourse and other forms of sexual activity. It also amends other sections of that Act in consequence.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Criminal Code
Routine Proceedings

October 4th, 2012 / 10 a.m.
See context

NDP

Craig Scott Toronto—Danforth, ON

moved for leave to introduce Bill C-448, An Act to amend the Criminal Code (consent).

Mr. Speaker, I rise with pride to introduce this private member's bill, and I thank the hon. member for Vancouver East for seconding. I would note that the hon. member is the health critic, which is actually very relevant to this motion to introduce the bill.

The bill would repeal an outdated provision of the Criminal Code that unconstitutionally discriminates against members of the LGBTQ community. Essentially the goal is to repeal section 159 of the Criminal Code, which discriminates against the gay community with regard to sexual activity and the age of consent.

As far back as 1995 with the Ontario Court of Appeal and 1998 with the Quebec Court of Appeal, this provision had been deemed unconstitutional. For that reason, this is essentially a constitutional cleanup, something that should have happened under successive Liberal and Conservative governments. It has not happened. It is the fourth time that an NDP member has risen to table a bill to repeal this provision.

I would like to end by reading a short quote from Jeremy Dias of JersVision, who says:

During the Senate debate of Bill 22 some years ago, JersVision.org requested equalization of ages of consent for gay sex. The current legislation creates a double standard for gay youth, not only discriminating, but also leading to other challenges. One we are seeing is that safer gay sex is not talked about in schools. The existing legislation is not reflective or effective of the realities of youth, and Mr. Scott's bill is urgently need to empower youth, and support them in making healthier and safer decisions in their live.

(Motions deemed adopted, bill read the first time and printed)