OTTAWA, March 13, 2017 (LifeSiteNews) — In a new bill the federal Liberals are aiming to scrub the remains of Canada’s ban on abortion, which was struck down nearly three decades ago by the Supreme Court, from the law books.
The same bill (C-39), which seeks to remove so-called “zombie laws,” would also repeal Section 159, the ban on anal sex between more than two people, in public, and for anyone under age 18.
Zombie laws refer to sections of the Criminal Code that have been struck down as unconstitutional by the courts.
However, although the anal sex ban has been declared unconstitutional by federal courts and appeals courts in Nova Scotia, Quebec, Ontario, Alberta and British Columbia, it is not a “zombie law” as such.
The Liberals have elected to have Bill C-39 absorb and replace Bill C-32, a stand-alone bill introduced last November that would have repealed the anal sex ban.
When introducing Bill C-32 Justice Minister Jody Wilson-Raybould stated that Section 159 was “discriminatory” to the LGBTQ community and the bill was a substantive, not symbolic change, according to the CBC.
Sixty-nine people were charged under Section 159 from 2014 to 2015, but no one was convicted, reported the CBC.
Justice Minister Wilson-Raybould tabled Bill C-39 on International Women’s Day.
She highlighted at a press conference that the Criminal Code section banning abortion is among the Criminal Code provisions to be repealed.
The Supreme Court struck down the law prohibiting abortion in its 1988 Morgentaler decision, ruling that it violated the Charter right of security of the person..