Liberal government to repeal section of Criminal Code on anal intercourse
OTTAWA — The Liberal government will introduce legislation Tuesday to repeal a Criminal Code provision on anal intercourse that critics and courts say is unconstitutional and discriminates against gay and bisexual men.
“A lot of Canadians think that when Pierre Trudeau said ‘the state had no business in the bedrooms of the nation’ back in the ’60s, that that meant this law was repealed,” said Douglas Elliott, a Toronto-based lawyer and longtime gay rights activist.
“But in fact, all they did was create an exemption — an exemption that has always discriminated against gay men.”
Section 159 of the Criminal Code currently says that anyone who engages in anal intercourse is guilty of an indictable offence — facing up to 10 years in prison — or an offence punishable on summary conviction.