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However, there is no surviving record of any executions, and political figures were reluctant to enforce the law. Same-sex sexual activity between consenting adults was soon decriminalized in as a result of legislation introduced in , with then-Justice Minister and Attorney General of Canada Pierre Trudeau who eventually became the 15th Prime Minister of Canada famously commenting, "There's no place for the state in the bedrooms of the nation. On July 20, , Canada became the first country outside Europe and the fourth country in the world to legalize same-sex marriage nationwide after the enactment of the Civil Marriage Act. Same-sex adoption has also been legal in all provinces and territories under varying rules. Discrimination on the basis of sexual orientation and gender identity or expression in employment, housing and public and private accommodations is banned nationwide. Transgender people are allowed to change their legal gender in all provinces and territories under varying rules. Under Section of the Criminal Code , the age of consent for anal sex is currently unequal at 18 for both homosexuals and heterosexuals whilst oral sex and vaginal sex remains at 16, which has been found discriminatory by many political figures, publications, provincial and federal courts. Some of the cases were funded under the Federal Government's Court Challenges Program ,  which in was expanded to fund test cases challenging federal legislation in relation to the equality rights guaranteed by the Charter. There has also been some funding to challenge provincial laws under a variety of programs, but its availability has varied considerably from province to province. Section 15 1 reads: Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. In a landmark ruling in in the case of Egan v. Canada , the Supreme Court of Canada recognized that sexual orientation was implicitly included in section 15 as an "analogous ground" and is therefore a prohibited ground of discrimination. For example, a discrimination complaint against a restaurant would need to be filed under federal or provincial anti-discrimination legislation and not the Charter. Exceptions[ edit ] The entire Charter is also subject to a general exception in section 1 that allows "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This analysis may consider conflicting Charter rights. For example, the right to equality based on sexual orientation under section 15 may be limited by the freedom of religion under section 2 , and vice versa. It may also be limited by the right to denominational religious schools under Section 93 of the Constitution. In addition, Section 15 and a few other Charter sections are subject to the "notwithstanding clause" of the Charter that allows governments to declare that a law is exempt from the Charter for up to five years, which exemption may be renewed any number of times. In , Alberta amended its Marriage Act to define marriage as being between a man and a woman. In any case, the five-year exemption period expired in The notwithstanding clause has never been used by the Federal Government; it is generally believed that this is because it would constitute a politically embarrassing admission that the law in question violated human rights. On December 15, , before his party formed a government, former Prime Minister Stephen Harper stated that his Government would resubmit the same-sex marriage issue to Parliament without relying on the notwithstanding clause, but his first-appointed Minister of Justice, Vic Toews , publicly stated that he supported the use of the notwithstanding clause in some cases. The motion called on the Government to introduce legislation to restore the traditional definition of marriage without affecting civil unions and while respecting existing same-sex marriages. These exceptions do not apply if a third person is present, or if the anal intercourse takes place anywhere but in private. Under the Civil Marriage Act, , which provides for same-sex marriage, one must be aged 16 years or older to legally contract marriage. But, in matters of anal intercourse , the Criminal Code has remained unchanged since at least the Revised Statutes of Canada, , thus portraying a constitutional inequality. The age of consent for anal intercourse between a married opposite-sex couple is 16, but for a married same-sex couple it is As per subsection 18 1 of the Canadian Charter of Rights and Freedoms , the statutes of Parliament are printed and published in both English and French, and "both language versions are equally authoritative". The bill, C, would have ensured that all forms of consensual sexual activity be treated equally under the law. It was later incorporated into a new bill, C, which was tabled in late March C would modernize aspects of the Criminal Code and make dramatic changes to criminal court proceedings, as well as repeal Section Identifiable groups are thus protected against hatred, and genocide, namely destruction, or intent to bring about destruction. And we support you. To the trailblazers who have lived and struggled, and to those who have fought so hard to get us to this place: I hope you look back on all you have done with pride. For the oppression of the lesbian, gay, bisexual, transgender, queer, and two-spirit communities, we apologize. On behalf of the government, Parliament, and the people of Canada: And we will never let this happen again.
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