Ottawa, Ontario
The Government of Canada is committed to protecting and promoting fundamental human rights, and taking necessary steps towards righting historical discrimination faced by Canadians.
As part of that commitment, the Honourable Marco Mendicino, Minister of Public Safety, today announced that the Government of Canada has enabled convictions under the Criminal Code for abortion-related, bawdy house and indecency-based offences to be eligible for expungement.
The Expungement of Historically Unjust Convictions Act, which came into effect on June 21, 2018, created a procedure to allow for the permanent destruction (expungement) of historically unjust records of convictions. The Act was specifically designed to enable the addition of new offences to the Act's Schedule by the Governor in Council through an Order.
Thirty-five years ago, the Supreme Court of Canada struck down unconstitutional offences that restricted access to abortion. In recognition of this historically unjust criminalization, those convicted of abortion-related offences are now eligible for expungement. This will include the convictions of individuals who sought an abortion and the medical practitioners who, at great personal risk, stood up for the right to choose.
Additionally, offences relating to bathhouses, nightclubs and swingers clubs, venues which are largely considered to be safe spaces for 2SLGBTQI+ communities, have been added to the list of those eligible for expungement. These previously criminalized venues resulted in owners, employees and patrons to be convicted under the Criminal Code for bawdy house and other indecency-based offences. This is another step towards correcting the unjust application of these laws against 2SLGBTQI+ communities. Addressing further historically unjust offences also fulfills a key commitment in the Federal 2SLGBTQI+ Action Plan and will contribute to advancing rights and equality for 2SLGBTQI+ people in Canada.
