Age of consent: Vote likely before government falls

C-22 elbows its way in front of other justice bills


A bill to raise the age of sexual consent to 16 will be the first considered by the justice committee when Parliament resumes Mon, Mar 19. Government officials confirm Bill C-22 will be the top priority out of a dozen pieces of legislation clogging the committee.

That means there’s time for C-22 to wind its way through Parliament before the government falls. Pundits expect the Conservatives to call an election at the end of April, with Canadians voting in late May.

Hearings on C-22 will begin Mar 21, justice committee clerk Diane Diotte confirms, although the finalized schedule is not yet available. Presentations will last at least two weeks, at which point the committee can discuss amendments.

C-22 could be hurried through Parliament with the support of the Liberals, who are in favour of raising the age of consent. But Liberal justice critic Marlene Jennings and NDP MPs Libby Davies and Bill Siksay have all emphasized the importance of hearing from a diverse group at the justice committee — a process that could gum up the bill’s progress if an election is called this spring.

“We should not cut short that debate. I’m looking forward to hearing from all the stakeholders,” Jennings told Capital Xtra Mar 8.

That statement may carry more weight than it appears to. In November, the Conservatives accused the Liberals and NDP of slow-walking the bill by failing to fast track it after second reading. Now, in a strange reversal, it appears that the Conservatives, who are polling on the verge of majority government, are in a position to kill the bill’s chances of becoming law by sending Canadians to the ballot box.

“That’s a risk that the government takes if it engineers its own downfall,” says Jennings.

Queer lobby group Egale has already confirmed that it will make a presentation to the committee. The RCMP and former Toronto police bulldog Paul Gillespie will also be presenting, Diotte says.

After the presentations, NDP will likely propose two amendments to the bill: one would exempt medical professionals from disclosing personal details about a minor’s sexual histories to police. The other would harmonize the age of consent for anal sex (currently 18) with all other types of sex. Because amendments do not need to be filed in advance, the final text is not yet available.

“I don’t know that those amendments are enough to satisfy my concerns,” says Siksay, who won’t commit to voting against C-22 until he sees the motion as amended. “My concern is still that we should not be going down the road of criminalizing the consensual sexual activities of young people.”

Marcus McCann

Marcus McCann is an employment and human rights lawyer, member of Queers Crash the Beat, and a part owner of Glad Day Bookshop. Before becoming a lawyer, he was the managing editor of Xtra in Toronto and Ottawa.

Keep Reading

Job discrimination against trans and non-binary people is alive and well

OPINION: A study reveals that we have a long way to go to reach workplace equality for trans and non-binary people

The new generation of gay Conservative sellouts

OPINION: Melissa Lantsman’s and Eric Duncan’s refusals to call out their party’s transphobia is a betrayal of the LGBTQ2S+ community

Over 300 anti-LGBTQ2S+ bills have been introduced this year. This doesn’t mean we should panic

OPINION: While it’s important to watch out for threats, not all threats are created equally. Some of these bills will die a natural death

Xtra’s top LGBTQ2S+ stories of the year

The best and brightest—even most bewildering—stories from a back catalogue brimming with insight