| Criminal Law Amendment Act, 1968–69 | |
|---|---|
 | |
| Parliament of Canada | |
| Citation | S.C. 1968–69, c. 38 |
| Enacted by | Parliament of Canada |
| Assented to | June 27, 1969 |
| Legislative history | |
| Bill title | 28th Parliament, Bill C-150 |
| Introduced by | John Turner,Minister of Justice |
| First reading | December 19, 1968 |
| Second reading | January 23, 1969 |
| Third reading | May 14, 1969 |
| Voting summary |
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TheCriminal Law Amendment Act, 1968–69[1] (French:Loi de 1968–69 modifiant le droit pénal) was anomnibus bill that introduced major changes to the CanadianCriminal Code. An earlier version was first introduced asBill C-195 by thenMinister of JusticePierre Trudeau in the second session of the27th Canadian Parliament on December 21, 1967,[2] which was modified and re-introduced asBill C-150 by thenMinister of JusticeJohn Turner in the first session of the28th Canadian Parliament.[3][4] After heated debates, it passed third reading in theHouse of Commons by a vote of 149 to 55. The bill was a massive 126-page, 120-clause amendment to the criminal law and criminal procedure of Canada.
The bill decriminalizedhomosexual acts and homosexuals nationwide and allowedabortion under certain conditions. A related bill, introduced and passed at the same time, decriminalised the sale ofcontraceptives. The Act also regulatedlotteries, tightened the rules forgun possession, and introduced new offences relating todrinking and driving,harassing phone calls,misleading advertising, andcruelty to animals.
John Turner, Trudeau's successor as Minister of Justice, described the bill as "the most important and all-embracing reform of the criminal and penal law ever attempted at one time in this country."[5][6] Trudeau famously defended the bill by telling reporters that "there's no place for the state in the bedrooms of the nation,"[7] adding that "what's done in private between adults doesn't concern theCriminal Code".[8]
Bill C-150 legalizedtherapeutic abortion under certain conditions. Abortion was previously a criminal offence in Canada, which was still largely influenced by theCatholic Church's moral positions on this issue. Bill C-150 made it legal for women to get an abortion if atherapeutic abortion committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother.[8] In a 1999 speech celebrating the 30th anniversary of the bill's passage,SenatorLucie Pépin argued that the new freedom provided by Bill C-150 "proved to be a stepping stone for many other freedoms and options that have altered women's place in [Canadian] society — self-esteem, education, jobs, a voice and empowerment".[9]Abortion legislation in Canada was further liberalized in 1988 with theR. v. Morgentaler ruling, which left Canada without any laws regulating abortion through all nine months of pregnancy.[10]
Prior to 1968, theCriminal Code made it an offence to offer to sell, advertise, or have in one's possession for the purpose of sale any "medicine, drug, or article intended or represented as a method of preventing conception or causing abortion or miscarriage."[11] As part of the package of reforms contained in theCriminal Law Amendment Act, the government also introduced Bill S-15, which decriminalised contraceptives and brought them under the regulatory power of theFood and Drugs Act, which governs medicines and medicinal devices. Bill S-15 repealed the reference to contraceptives in theCriminal Code, but leftabortifacients criminalised.[12] Bill S-15 received royal assent on June 27, 1969, the same day as theCriminal Law Amendment Act.
Bill C-150 decriminalized "buggery" and "gross indecency" between adults over age 21, and between husband and wife, provided each party consented. The two offences had been used to criminalisehomosexual acts between men. TheBritish Parliament's adoption of theSexual Offences Act 1967, influenced Trudeau's decision to include amendments to theCriminal Code concerning homosexuality in Bill C-150.[4] Opposition to homosexuality was so intense that the CatholicCréditistes ofQuebec held up debate for six weeks.[4] TheCréditistes suggested thatcommunism,socialism andatheism were behind the proposed changes relating to homosexuality and abortion; they demanded that a publicreferendum be held on these issues and staged afilibuster of Parliament over the amendments concerning abortion.[4]
Proponents of partial decriminalization defended their position by saying that "[h]omosexuality in itself" would remain unlawful unless both parties were over 21 and the act took place in private. Prior to the law being passed, private consensual homosexual conduct was rarely prosecuted.[13] Historian Tom Hooper says that it is a "myth" that the law decriminalized homosexuality and in fact, it "facilitated the recriminalization of homosexuality in Canada".[14]
Prior to Bill C-150,Criminal Code exemptions that permitted small-scalegambling on behalf ofcharities were introduced. Between 1892 and 1969, Canadians could wager onhorse races or gamble at summer fair midways. These charitable experiences with gambling eventually led Bill C-150 to give theprovincial and federal governments the opportunity to uselotteries to fund worthwhile activities (e.g.1976 Montreal Olympics).[15]
Gun politics in Canada were also affected by Bill C-150, which for the first time made it illegal to providefirearms to persons of "unsound mind" or criminals underprohibition orders. The law also expanded the definition of a 'firearm', which, prior to 1969, included onlyhandguns and automatic firearms, and introduced non-restricted, restricted, and prohibited firearm categories.[16]
Bill C-150 also addressed the issue ofdrunk driving. The bill made it an offence to drive with ablood alcohol content (BAC) in excess of 80 mg/100 ml of blood. Refusal of a police officer's demand to provide a breath sample was made an offence at the same time and both began as summary conviction offences, with a mandatory minimum $50fine.[17]