Did you know that it is illegal in Canada to have anal sex? This is true if you are gay and you are under 18 years old. This is two years older than the age at which vaginal sex is permitted. However, according to a media bulletin released on Monday, the Canadian government is about to announce legalization, which will finally repeal the law criminalizing anal sex.
Section 159 of the Criminal Code states that any person who engages in anal sex may be deprived of liberty for up to 10 years, unless the partners are “husband and wife” or over 18 years old, and sex is not violent. The initiative to put an end to the difference in age between the anal and vaginal permits was shown after the release in June of a report prepared by the Canadian human rights foundation Egale. In its Just Society Committee report, the foundation argued that a higher age limit for allowing anal sex was declared unconstitutional by five provincial appeal courts. According to the report, one such conviction was based on the fact that anal sex is the main form of sexual intercourse for gay men, and to prohibit young gays to engage in it is discrimination.
The report also quotes Justice Abella and her 1995 conviction, which related to the fact that sex education suffered from confusion in the context of anal sex and the law: “Oddly enough, one of the absurd effects of the provision that criminalizes anal sex for adolescents is the fact that sexual education, which adolescents should receive in order to protect themselves from troubles, is limited, because it can be interpreted as consulting young people about the form of sexual behavior that is prohibited by law.
Every person who participates in an act of anal sex is guilty of a criminal offense and is liable to imprisonment for a term not exceeding 10 years, or is found guilty of a criminal offense pursued in addition. In general, this law was invented in order to have a reason to imprison gays. However, it formally applies to heterosexual couples, even married couples. And recently, LGBT community activists have submitted a request to the government that such restrictions prevent them from living a full life. Interestingly, in spite of some absurdity of the law, adopted in the 1960s, only in the period from 2008 to 2014 in Ontario, 22 people were convicted under this law for having anal sex. And another fact: in the provinces of Nova Scotia, Alberta and British Columbia several years ago this article of the criminal code was declared unconstitutional and they stopped punishing anal sex.