Date: Thu, 16 Mar 1995 23:14:16 -30000 From: "Dr. Robert Riley" From: Xtra (Toronto's Lesbian and Gay Biweekly) 200-491 Church St., Toronto, Ontario M4Y 2C6 Facsimile: 416-925-6503 Story by: Eleanor Brown March 17, 1995 -------------------------------------------------------------------- ANAL SEX LAW OVERTURNED Judge rules legislation is unconstitutional A Federal Court justice has ruled that Canada's anal sex law is unconstitutional. The Feb 24 decision acknowledges that section 159 of the Criminal Code discriminates against gay men. Madame Justice Barbara Reed dismissed the federal government's argument that a different age of consent for anal sex is justified to fight HIV transmission. "She said that it wasn't a reasonable limit (to impose on citizens), that this was not a legitimate government purpose," says lawyer Paul Slansky. "She said it was a pseudo reason." Slansky prepared the constitutional challenge to keep client Henry Halm from being deported to the US. Halm was found guilty in New York of sodomy in the third degree with young men who were 14 to 16 years of age. Consent is not a defence in that state when the accused is charged with "deviant sexual intercourse" with those under 17. Halm fled the US while his case was under appeal. He was arrested on this side of the border in April 1993. But Canada will deport people only if their crime is also considered illegal in Canada. Halm thought the age of consent in Canada was 14; in fact, it is 14 for vaginal and oral sex, but 18 for anal sex. Slansky argued in court that the age discrimination is unconstitutional. Government lawyers argued that the law was related to HIV transmission and morality. Halm, meanwhile, is still in detention. "He's been charged with overstaying his visitor's visa," says Slansky. "Even though he's been in jail all this time." Halm is also accused of misrepresentation, for not disclosing his New York criminal conviction. He may still be thrown out of Canada for jumping bail in the US -- which is a crime here, too. The federal government will appeal the Federal Court ruling. -----EOF ~~~~~~~~~~~~~~~~~~~ SAY NO TO CIRCUMCISION !! ~~~~~~~~~~~~~~~~~~ Dr. Robert Riley Telephone: 416.588.4676 85 Dunn Avenue, Suite #2 Facsimile: 416.588.3978 Toronto, Ontario, Canada M6K 2R8 Internet: riley@planet.earth.org or ay793@freenet.toronto.on.ca ~~~~~~~~~~~~~ Child abuse begins with circumcision ~~~~~~~~~~~