Expungement of Historically Unjust Convictions Act

Whereas it is now recognized that the criminalization of certain activities constitutes a historical injustice;And whereas the criminalization of an activity may constitute a historical injustice because, among other things, were it to occur today, it would be inconsistent with the Canadian Charter of Rights and Freedoms;Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Interpretation

Powers, Duties and Functions

Expungement

Amendment of Schedule

Criteria

Same-Sex Sexual Offences

Related Amendments

(Section 3, subsection 5(1), section 7, subsection 9(1) and sections 23 to 25)

1 the offence of gross indecency or an attempt to commit gross indecency under any of the following:(a) section 178 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 206 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 206 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) section 149 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) section 149 of the Criminal Code, as adapted by section 149A of that Act, as enacted by section 7 of chapter 38 of the Statutes of Canada, 1968-69;(f) section 157 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(g) section 161 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.2 the offence of buggery under any of the following:(a) section 174 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 202 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 202 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927.3 the offence of an attempt to commit buggery under any of the following:(a) section 175 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 203 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 203 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927.4 the offence of buggery or an attempt to commit buggery under any of the following:(a) section 147 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(b) section 147 of the Criminal Code, as adapted by section 149A of that Act, as enacted by section 7 of chapter 38 of the Statutes of Canada, 1968-69;(c) section 155 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(d) section 160 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.5 the offence of anal intercourse or an attempt to commit anal intercourse under section 159 of the Criminal Code, as enacted by section 3 of chapter 19 of the 3rd Supplement to the Revised Statutes of Canada, 1985.6 an offence under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in items 1 to 5.7 the offences relating to a common bawdy-house under any of the following:(a) section 198 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 228 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906, and as amended by section 2 of chapter 9 of the Statutes of Canada, 1909;(c) sections 228 and 229 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) section 182 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) section 193 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) section 210 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.8 the offences relating to a common bawdy-house under any of the following:(a) section 183 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(b) section 194 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(c) section 211 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.9 the offence of doing an indecent act under any of the following:(a) section 177 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 205 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 205 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) section 158 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) section 169 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) section 173 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985;(g) subsection 173(1) of the Criminal Code, as amended by section 7 of Chapter 19 of the 3rd Supplement to the Revised Statutes of Canada, 1985, section 54 of chapter 6 of the Statutes of Canada, 2008, section 2 of chapter 17 of the Statutes of Canada, 2010 and section 23 of Chapter 1 of the Statutes of Canada, 2012.10 the offence of publicly exhibiting a disgusting object or an indecent show under any of the following:(a) paragraph 179(b) of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) paragraph 207(b) of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) paragraph 207(b) of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) paragraph 150(2)(b) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) paragraph 159(2)(b) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) paragraph 163(2)(b) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.11 the offence of openly exposing or exhibiting an indecent exhibition in a public place under any of the following:(a) paragraph 160(b) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(b) paragraph 171(b) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970, and as amended by section 9 of chapter 93 of the Statutes of Canada, 1974-75-76;(c) paragraph 175(1)(b) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.12 the offences relating to an immoral, indecent or obscene play, opera, concert, acrobatic, variety or vaudeville performance, performance, entertainment or representation in a theatre under any of the following:(a) section 208 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(b) section 208 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(c) section 152 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(d) section 163 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(e) section 167 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.13 the offences relating to nudity under any of the following:(a) section 159 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(b) section 170 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(c) section 174 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.14 the offence of procuring a miscarriage of a woman or female person under any of the following:(a) section 272 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 303 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 303 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) subsection 237(1) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) subsection 251(1) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) subsection 287(1) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.15 the offence of a pregnant woman or female person procuring her own miscarriage under any of the following:(a) section 273 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 304 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 304 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) subsection 237(2) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) subsection 251(2) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) subsection 287(2) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.16 the offences relating to a means or method for preventing conception or causing an abortion or miscarriage under any of the following:(a) paragraph 179(c) of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) paragraph 207(c) of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906, and as amended by section 8 of chapter 13 of the Statutes of Canada, 1913 ;(c) paragraph 207(c) of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) paragraph 150(2)(c) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) paragraph 159(2)(c) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) paragraph 163(2)(c) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.17 the offence of supplying or procuring any drug or other noxious thing, instrument or thing, to procure a miscarriage of a woman or a female person under any of the following:(a) section 274 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;(b) section 305 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;(c) section 305 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;(d) section 238 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;(e) section 252 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;(f) section 288 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.18 an offence under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in items 7 to 17.