An Act to amend the Criminal Code (consent)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

This bill was previously introduced in the 39th Parliament, 1st Session.


Joe Comartin  NDP

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


Not active, as of May 2, 2007
(This bill did not become law.)


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.


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 CodeRoutine Proceedings

May 2nd, 2007 / 3:20 p.m.
See context


Joe Comartin NDP Windsor—Tecumseh, ON

moved for leave to introduce Bill C-438, An Act to amend the Criminal Code (consent).

Mr. Speaker, I wish to thank my seconder, the member for Parkdale—High Park, for her support.

This bill is brought forward to deal with the problem we have within our legislation; specifically, section 159 of the Criminal Code. This section of the Criminal Code has been struck down by a number of courts, including two courts of appeal, as being against the Charter of Rights and Freedoms. It, unfortunately, continues to sit on our books. Both the previous government and the current government, even though they have had opportunities, have not brought forward amendments to the Criminal Code taking that out completely.

The purpose of this bill is to do just that. It is a bit lengthy in the sense that it is deleting one specific paragraph, paragraph 159, but it also has a number of consequential paragraphs that need to be amended. That is the reason for the length of the bill.

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