Mr. Speaker, I have a question for the member about the issue of the repeal of section 159. Section 159 is the section of the Criminal Code that makes anal intercourse a criminal act for anyone under the age of 18. Right now all other sexual acts are legal as of the age of 14. This legislation would make 16 the age of consent, meaning that sexual activity under the age of 16 would prima facie be criminal, but there is protection for closeness in age.
However, the government, knowing that two appellate courts, that of Ontario and that of Quebec, have ruled that section 159 is a violation of the charter, is anti-constitutional and should have no effect, decided in its wisdom not to harmonize the age of consent for all sexual activity. Rather, it preferred to leave that section on the books. Not only did the government do that, but it then opposed an amendment that I attempted to bring in committee in order to repeal that section.
I would like to know what the member thinks about a government that has an opportunity to ensure that a discriminatory and homophobic section of the Criminal Code, which has been deemed to be that by our appellate courts, but decides not to take advantage of its Bill C-22, which we Liberals do support, to harmonize that and to ensure that there are no longer any homophobic and discriminatory sections in the Criminal Code.