Thank you for the question.
It's ultimately going to depend on the facts of the case at question, but there is, certainly, a risk that removing section 173 would leave a gap in the Criminal Code, in terms of being able to respond to certain types of behaviour.
Just very quickly, section 173 does two different things. Subsection 173(1) criminalizes indecent acts, and I think the committee has heard concerns about the way that provision has been used historically to target particular communities. You may also know that since the Labaye decision by the Supreme Court of Canada, the way this offence applies is quite different from the way it applied historically. Our review of jurisprudence suggests that it isn't being used in a way that would discriminatorily target particular communities.
The second part of the offence targets exposure to children for a sexual purpose. Our review of the case law suggests that it is being used in a way that targets morally blameworthy conduct—normally, individuals exposing themselves and committing sexual acts in the presence of other persons.
That's our understanding of the law. While some of that conduct could be addressed through other offences, there is a risk that there would be a gap, if it were removed.