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The Government of Canada is proposing changes to remove or amend unconstitutional provisions from the Criminal Code.
The laws they want to change have been found to violate the Charter of Rights and Freedoms by the Supreme Court of Canada and appellate courts.
#MOJAG @Puglaas announces a Charter clean-up Bill to align Criminal Code with Supreme Court decisions pic.twitter.com/v2pkSOelBL
— Grégoire Webber (@GregoireWebber) March 8, 2017
The Criminal Code provisions to be repealed or amended under the legislation proposed Wednesday include:
- Abortion – The prohibition against abortion was found unconstitutional in 1988 because it violated a woman’s right to security of the person.
- Anal intercourse – Several appellate courts found that the anal intercourse offence violated equality rights. A legislative proposal to repeal the offence of anal intercourse was introduced in Bill C-32 in November 2016.
- Spreading false news – This broad offence has its origins dating back to 13th century England and was “intended to protect the mighty and the powerful from discord and slander.” It was found unconstitutional in 1992 because it violated freedom of expression.
- Vagrancy – The “loitering” part of this offence was found unconstitutional in 1994 because it violated the right to life, liberty and security of the person.
- Credit for pre-sentencing custody – The provision prevented judges from giving enhanced credit to a convicted person who had been detained prior to sentencing due to a previous conviction. It was found unconstitutional in 2016.
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